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N.C. DOCUMENTS | 

CLEARINGHOUSE i 

I 

OCT 5 1988 
N.Lo Mr. LIBRARY 

Raleigh 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_2 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



FIRST SESSION 

1987 






Lithographed by 

West Publishing Company 

St. Paul, Minn. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1987 GENERAL ASSEMBLY 
FIRST SESSION 1987 

ROBERT B. JORDAN III, President Mt. Gilead 

J. J. HARRINGTON, President Pro Tempore Lewiston-Woodville 

KENNETH C. ROYALL JR. , Deputy President Pro Tempore Durham 

ANTHONY E. RAND, Majority Leader Fayetteville 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 J.J. HARRINGTON Lewiston-Woodville 

3 WILLIAM H. BARKER Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wrightsville Beach 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZEL, JR Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON. JR Raleigh 

15 ROBERT D. WARREN Benson 

16 RUSSELL G. WALKER Asheboro 

WANDA H. HUNT Pinehurst 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

TED KAPLAN Winston-Salem 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 ROBERT VANCE SOMERS Salisbury 

PAUL S. SMITH Salisbury 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 AUSTIN M. ALLRAN Hickory 

WILLIAM W. REDMAN, JR. • Statesville 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS J. WINNER Asheville 

29 CHARLES WILLIAM HIPPS Waynesville 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 JAMES D. McDUFFIE Charlotte 

35 LAURENCE A. COBB Charlotte 

• (Resigned March 11, 1987)(Unexpired Term filled March 12, 1987) 
(See Appendix for Senatorial Districts) 



SENATE JOURNAL 

FIRST SESSION 1987 



FIRST DAY 

Senate Chamber, 
Monday, February 9, 1987. 

In accordance with law, as set forth in the Constitution of the State of North Caro- 
lina and G.S. 120-11.1 and Chapter 994 of the Session Laws of the 1985 General 
Assembly, the Senate of the General Assembly of North Carolina assembles this day, 
at the hour of 1:00 P.M., in the Senate Chamber of the Legislative Building in the 
City of Raleigh. 

The Honorable Robert B. Jordan III, Lieutenant Governor, calls the Senate to or- 
der. 

Prayer is offered by Bishop L. Bevel Jones III, Resident Bishop of the Western 
North Carolina Conference of the United Methodist Church, Charlotte, North Caro- 
lina, as follows: - 

"Almighty God, Who in times past led our mothers and fathers to these bountiful 
shores, and Whose guiding hand has made and preserved us a nation — Thy grace has 
been richly shed upon us. Thou didst inspire the founders of this republic to establish 
our government in constitutional law, thus promoting and protecting the rights of all 
our citizens equally. Grant, O God, that we shall ever cherish and refine that freedom 
in which we stand. Forbid that we should ever presume upon it, take it for granted, 
pervert it for selfish gain. Remind us that responsibility is the fabric of freedom, and 
truth the foundation of civilization. Give us a sense of the dynamic of democracy, the 
aliveness of legislation. Impress upon us that new occasions teach new duties, and 
time makes ancient good uncouth. Thou art just and righteous, a God Who delights in 
fairness and truth, and Whose face is ever set against tyranny and oppression. Under- 
gird us in these unsettling times by Thy wisdom and uphold us by Thy love. 'Thy love 
divine hath led us in the past; in this free land by Thee our lot is cast; be Thou our 
ruler, guardian, guide, and stay; Thy Word our law, Thy paths our chosen way.' 
Amen." 

Led by the Lieutenant Governor, the Senators-elect and distinguished guests remain 
standing, and pledge their allegiance to the United States of America. 

The Chair directs the Reading Clerk of the 1985 Session to call the roll and the 
following Senators-elect appear with the proper certificates of election: 

First District Marc Basnight / 

Second District J.J. Harrington 

Third District Wiliam H. Barker 

Fourth District ^, A.D.Guy 

Fifth District Harold W. Hardison 

Sixth District R. L. Martin . ^ 

Seventh District Frank Block 

Eighth District Henson P. Barnes 

Ninth District Tom Taft 



February 9, 1987 



SENATE JOURNAL 



[Session 



Tenth District 
Eleventh District 
Twelfth District 

Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

Twenty-first District 
Twenty-second District 
Twenty-third District 

Twenty-fourth District 

Twenty-fifth District 

Twenty-sixth District 

Twenty-seventh District 

Twenty-eighth District 

Twenty-ninth District 

Thirtieth District 
Thirty-first District 
Thirty-second District 
Thirty-third District 
Thirty-fourth District 
Thirty-fifth District 



James D. Speed 

Anthony E. Rand 
Lura S. Tally 

Kenneth C. Royall, Jr. 
Ralph A. Hunt 

Joseph E. Johnson 
William W. Staton 
J. K. Sherron 

Robert D. Warren 

Russell Walker 
Wanda H. Hunt 

J. Richard Conder 
Aaron W. Plyler 

R.C. Soles, Jr. ;. 

Robert G. Shaw 

Marvin M. Ward 
Ted Kaplan ;; 

George B. Daniel 

James C. Johnson, Jr. 

Robert Vance Somers 
Paul S. Smith 

William D. Goldston, J 
A. P. Sands III 

J. Ollie Harris 
Helen Rhyne Marvin 
Marshall A. Rauch 

Austin M. Allran 
Bill Redman 

Donald R. Kincaid 
Dan R. Simpson 

Robert S. Swain 
Dennis J. Winner 

Charles William Hipps 
R. P. Thomas 

David Parnell 

William N. Martin 

Mary P. Seymour 

James F. Richardson 

James D. McDuffie 

Laurence A. Cobb 



■;A. 



Those present take and subscribe to the following oath of office, which is 
administered by the Honorable James G. Exum, Jr., Chief Justice of the Supreme 
Court of North Carolina. 



February 9, 1987 



1987] SENATE JOURNAL 7 

"I do solemnly swear or affirm that I will support and maintain the Constitution and 
laws of the United States; and I do solemnly and sincerely swear or affirm that I will 
be faithful and bear true allegiance to the State of North Carolina, and to the constitu- 
tional powers and authorities which are or may be established for the government 
thereof; and that I will endeavor to support, maintain, and defend the Constitution 
and laws of said State, not inconsistent with the Constitution of the United States, to 
the best of my knowledge and ability; and I do solemnly and sincerely swear or affirm 
that I will faithfully discharge the duties of my office as a member of the Senate of the 
1987 General Assembly of the State of North Carolina to the best of my skill and 
ability, according to law, so help me, God." 

To which oath each Senator answers, "I do." 

The President declares a quorum of the Senate present. 

The President expresses appreciation to the Justices and Judges of the General Court 
of Justice for their participation in today's opening ceremonies. 

The President directs Senator Harrington to approach the dais and relinquishes the 
gavel. 

Without objection, the President addresses the membership and upon the motion of 
Senator Taft, his remarks are spread upon the Journal, as follows: 

REMARKS BY LIEUTENANT GOVERNOR ROBERT B. JORDAN III 

"Welcome to the 137th Session of the North Carolina General Assembly. I con- 
gratulate each of you Senators. 

"You have just taken the oath of office and started a challenging opportunity for you 
and for our great State. 

"To the families and guests of the Senators each of you in your own way helped 
make this day possible. 

"To our distinguished guests, members of the Council of State, the Judiciary, repre- 
sentatives of the Executive Branch and visitors welcome. 

"To my wife Sarah and my family thank you for your care and support. 

"We are indeed a most fortunate people in North Carolina. Our ancestors worked 
long and hard and at great risk to bring us to this time. A time filled with possibilities 
for securing the future for ourselves and for our children. But there is no guarantee for 
a great future, only an opportunity. ^ 

"And today we in the Legislature have a clear choice. Do we adhere to the status 
quo, allowing our destiny to be shaped by forces outside North Carolina? Or do we 
build on the opportunity given us and ensure that the future of North Carolina is 
shaped by North Carolina? 

"The choice is clear. The work is challenging. The rewards are certain. 

"On Opening Day in 1985, I stated, 'The citizens of North Carolina have elected us 
to chart a sound and enduring course for the State. . . as it now moves into the closing 
years of this century. We must build upon past accomplishments, and we must utilize 
the available resources to the fullest as we chart the course for the future. ' The same 
holds true for this Session. The course will not be easy. But progress never is. 

"In 1985, we recognized the need for change. The General Assembly established 
the North Carolina Commission on Jobs and Economic Growth to plan for the chang- 



February 9, 1987 



8 ■ SENATE JOURNAL [Session 

ing complex nature of our position in the nation and the world. The result is a pro- 
posal that is innovative in substance, bold in approach and realistic in its applications. 
It embraces a partnership between citizens and their government. I propose a 'growth 
from within' strategy that builds on the strengths of our people and the full resources of 
our State. And to nurture this partnership, I ask that the General Assembly pass 
legislation to establish a Rural Economic Development Corporation to revitalize our 
rural communities. 

"I ask that we target resources to areas of greatest need and recognize that education 
is the foundation for tomorrow's North Carolina. Too often, we accept the false no- 
tion that the fight for our future is a mysterious battle that will take place in some 
strange and far away land. It is not. It is being waged every day in math classes in 
Northampton County, in biology labs in Mecklenburg and in kindergartens in 
Haywood County. Recognizing this critical need, we in the General Assembly passed 
the landmark Basic Education Program in 1985 and now warmly welcome our Gover- 
nor's support of our initiative. We invite him to join us as a full partner in the daily 
battle to secure the future for young North Carolinians. 

"The Basic Education Program was an historic step but certainly not the completion 
of our journey. We need to do more. We must raise the level of excellence in our 
schools and restore pride in teaching. In 1987, we must strengthen teacher education 
and recruit talented young people by funding a Teaching Fellows Scholarship Program. 
We should pilot the lead teacher concept in our schools and take a new look at teacher 
and student performance. 

"State government cannot be passive. We cannot let events wash over us like a 
flood. Our government must work as a partner with its citizens in areas of legitimate 
concern. Nowhere is that approach more urgent and necessary than in the area of 
protecting our God-given resources our water, our air, and our land. 

"Because North Carolina is such a blessed and special place, we in government 
must be vigilant in protecting our precious resources. 

"We must never look at ourselves as occupiers of the land, for we are indeed its 
stewards. 

"A European navigator who explored the North Carolina coast in 1524 described 
our State with its 'faire fields and plains, its good and wholesome aire, its beautiful 
trees, greater and better than any in Europe, as pleasant and delectable to behold, as 
is possible to imagine.' 

"Well, that is the legacy we want to leave to the next generation. 

"The concept that it is not proper for state government to protect the environment or 
that aggressive measures taken to protect our citizens is bad business is not only short- 
sighted, but extremely dangerous. The truth is that business will not move to or stay 
anywhere where water is undrinkable. Therefore, I urge the General Assembly to 
enact legislation to ban phosphate detergents and to work with the federal government 
in cleaning up abandoned toxic waste sites. 

"While we in North Carolina are a frugal people, we are a caring people too. And 
we want North Carolina to be judged as much by our concern for our neighbors as by 
our dedication to wise management of the public purse. The greatest weapons we 
possess in our fight for the future are our values. And no value in North Carolina is 
stronger than our sense of compassion for our neighbors. We can never allow our- 
selves to ignore the homeless, the hungry and those who cannot care for themselves. 
A most basic and ancient need of those families is adequate shelter. Our sense of 
family compels us to provide a Housing Trust Fund to assist deserving families with 



February 9, 1987 



1987] SENATE JOURNAL 9 

shelter and warmth for their children. We are only as strong as the sum of our parts. 
And our job is unfinished. 

"The voices of caution will say go slow. 

"They will attempt to fill us with the fear that the fight for the future is too risky. 

"We cannot throw up our hands at our future. We must instead, throw our talents 
and energy at making a better tomorrow in North Carolina. 

"I urge that this General Assembly, collectively and strongly, reject the siren song of 
the status quo. 

"Make no mistake about it, North Carolina's enemy is not Japan. North 
Carolina's enemy is not a changing world. 

"Our enemy is the status quo. 

"And our enemy is a government that doesn't believe as strongly in the people of 
North Carolina as the people of North Carolina believe in themselves. 

"Oliver Wendell Holmes once said, '1 find the greatest thing in this world is not so 
much where we stand, ... as in what direction we are moving. ' Let the disciples of the 
status quo hear this clearly, what we don't get done this session, we will come back 
the next and try again. So we are faced with the challenge of securing a future for 
North Carolina. Let us secure a future worthy of our noble past. Let us rise to that 
challenge — together! 

"For if we do as we must, one hundred years from now one of our children's chil- 
dren will stand here and say, 'Our ancestors worked long and hard and at great risk to 
bring us to this time. A time filled with possibilites for securing the future for ourselves 
and for our children.'" 

The President assumes the gavel and announces the Senate is ready to proceed with 
election of officers. 

ELECTION OF OFFICERS 

Senator Taft offers a mbtion that the remarks of the Senators offering nominations 
be spread upon the Journal, which motion prevails. (See Appendix) 

The President recognizes Senator Royall who offers the following remarks: 

"Mr. President, Honorable members of the Judiciary, distinguished visitors and 
guests, and my esteemed colleagues of the Senate. 

"In olden times, the General Assembly's sessions were held in the Northeastern part 
of North Carolina known as the Albemarle. 

"The well-known writer, Inglis Fletcher, described the Albemarle legislators in 
these words: *The Albemarle men made a good showing. They were distinguished 
men of breeding, men of intelligence, but above everything, men of decision and proud 
integrity. They called them the iron men of the Albemarle.' 

"This description applies to a modern-day man of the Albemarle, Senator J. J. 
'Monk* Harrington, a member of this Body for a quarter of a century. It is with the 
greatest of pleasure and a feeling of honor that I place his name in nomination for 
election to the office of President Pro Tempore. 

"He has performed the duties of that Office in a fine manner the past two years. I 
know of few persons who have filled the position with greater ability and dedication to 
duty. 



February 9, 1987 



10 SENATE JOURNAL [Session 

"It has been my good fortune to serve with 'Monk' Harrington in every session of 
the Legislature since 1967. No member of this Body commands greater respect or is 
characterized by greater qualities of integrity, conviction and know-how. 

"He is a gentleman in the classic sense of the word, an independent thinker, a 
model of decent and effective public service, and a compassionate, friendly, caring 
human being. 

"He must surely feel proud that his labors in the vineyard of public service have 
earned such high marks from those whom he has served. 

"I am pleased and proud to nominate for the office of President Pro Tempore the 
distinguished Senator from the Albemarle, the Honorable J. J. 'Monk' Harrington. 

The President recognizes Senator Parnell who offers the following remarks: 

"Thank you, Mr. President. Ladies and Gentlemen of the Senate. 

"It is a very distinct honor that I have to rise to second the nomination of Senator J. 
J. 'Monk' Harrington from Bertie County, for the position of President Pro Tempore 
of the North Carolina Senate. 

"I know of no one serving in the North Carolina General Assembly with better cre- 
dentials to hold this position of leadership than my friend 'Monk' Harrington. 

"'Monk' Harrington is a businessman, he is a farmer, he is a politician, he is a 
legislator, and most of all he is a statesman who knows how to get things done. 

"'Monk' Harrington has served this great State of ours with honor and distinction as 
a member of the North Carolina Senate since 1963, total of 24 years. 

"He has made major contributions to our State and particularly in the highway sys- 
tem of North Carolina through his service as Chairman of the Senate Transportation 
Committee. In this position, he has been responsible for guiding through this Senate, 
some of the major highway legislation enacted during the past twenty years. 

"During his years of service in the Senate, he has served on every major committee 
of this Body, and having served on a few of these committees with him since I have 
been here, I know first-hand of his great leadership ability. 

"'Monk' Harrington is a team player. He will stand shoulder-to-shoulder with 
our great Lieutenant Governor, and the other leadership of this General Assembly in 
working for what is best for North Carolina. ; tif i ' 

"As our President Pro Tem during the 1985-1986 Session, Senator 'Monk' Har- 
rington gave us fair, honest, and steady leadership. He offers that again to you. 

"So I hope that you will join with me in voting for Senator J. J. 'Monk' Har- 
rington for President Pro Tem of the North Carolina Senate. 

"Mr. President, I move that the nominations be closed and that Senator 'Monk' 
Harrington be elected by acclamation." 

The President recognizes Senator Taft who offers the following remarks: 

"Mr. President, ladies and gentleman of the Senate, our friends, political col- 
leagues, families and loved ones gathered here for this opening day, it is my high 
honor, warm pleasure and solemn duty to nominate one of our colleagues to serve as 
the President Pro Tempore of the North Carolina Senate and of the people of the State 
of North Carolina. 



February 9, 1987 



1987] SENATE JOURNAL 11 

"The Office of President Pro Tempore is a constitutionally sanctioned Office estab- 
lished and preserved through three constitutions and two hundred and eleven years of 
legislative history. This Office shares not only an important role in the organization 
and administration of the affairs of the upper legislative chamber of North Carolina 
but establishes the person second in line of succession to the Governor. 

"The President Pro Tempore must be a person held in high esteem by his Senate 
colleagues, one they trust with not only the reins of power over this Chamber but able 
to serve as Chief Executive of this State if tragedy were to befall us. 

"The Democratic Caucus and now the full Chamber must select one amongst us in 
which to vest this high authority and solemn trust. We have amongst our number a 
gentleman who has served nine terms, who has held distinguished chairmanships of 
our major committees, won the trust of his region by his championed commitment to 
extending medical care to the poor and distant of rural eastern North Carolina, who 
has demonstrated a levelness and evenhandedness in moments of high tension and 
charged partisanship and one who has championed the State's commitment to a fis- 
cally sound government but yet insured a government progressive in its view and sensi- 
tive to the needs of the low as well as the mighty. 

"That's all so very high sounding but so very true and so very important. 

"Senator J. J. 'Monk' Harrington has already once served us as Pro Tern and if 
selected here today will again shoulder that responsibility in an honorable, capable 
and evenhanded manner. 

"To be asked by Senator Harrington to make his nomination is a special pleasure 
for this young Senator. I first knew him when I was twenty-four and fresh out of law 
school to serve the Lieutenant Governor and President of this Body in 1973. One of 
Lieutenant Governor Hunt's most able and loyal allies in the Senate was 'Monk' Har- 
rington. 

"'Monk' Harrington showed a sensitive and warm interest in me and more than 
once saved me from my own youthful inexperience. He was willing to tone me down 
with a chuckle and a wink to his colleagues rather than a harsh backhand and san- 
guineous attitude of several of his colleagues. 

"As a freshman Senator, I have seen 'Monk' Harrington make that special effort 
with other freshman as well, generated at least as much by his interest in other people 
as by his eye on the tally sheet. In fact, that reputation insured him the margin from 
among the new freshman essential to his aspirations. 

"So the score of this man is great experience, long service, evenhandedness, respect 
of and for his colleagues, time and interest for the newly arrived. 

"These are the quahties that make me so proud and confident, Mr. President, to 
place in nomination for President Pro Tempore of this North Carolina Senate, the 
distinguished Senator from Bertie County, the Honorable J. J. 'Monk' Harrington. 
Thank you." : ,, ,^ :, 

The President recognizes Senator Redman who seconds the nomination of Senator 
Joseph J. Harrington for President Pro Tempore of the Senate. (See Appendix) 

The President recognizes Senator Royall who offers a motion that the nominations 
be closed and that Senator Joseph J. Harrington be elected President Pro Tempore of 
the Senate by acclamation, which motion prevails. 

Being declared duly elected, the President appoints Senator Hunt of Durham, Sena- 
tor Guy, Senator Basnight, and Senator Martin of Pitt to escort the President Pro 



February 9, 1987 



12 - SENATE JOURNAL [Session 

Tempore, Senator Harrington, to the Well of the Senate where he receives the pre- 
scribed oath of office which is administered by the Honorable Willis P. Whichard, 
Associate Justice of the Supreme Court of North Carolina. Senator Harrington is 
recognized to address the membership from the Well of the Senate. (See Appendix) 

For Majority Leader of the Senate, Senator Plyler places in nomination the name of 
Senator Anthony E. Rand of Cumberland County. 

Senator Rauch seconds the nomination. (See Appendix) 

The President recognizes Senator Basnight who offers the following remarks: 

"I count it a great pleasure and honor to second the nomination of our North Caro- 
lina Senator 'Tony' Rand for Senate Majority Leader. I think all of us here know his 
accomplishments and his record, and I am not going to expound on that, but I would 
like to tell you the kind of man I have found Senator Rand to be. 

"The 'Tony' Rand I know is a man who never stops giving of himself, giving of his 
time, giving of his energy, giving of his talent to make North CaroHna a better place to 
live for all of its citizens. 'Tony' Rand is a man who works tirelessly for better govern- 
ment and better representation for the average North Carolinian. When I was a fresh- 
man member, Senator Rand took it upon himself to work with me, to listen to the 
issues that were important to my District and by his example, to show me the qualities 
of true leadership. 

"The 'Tony' Rand I know cares about North Carolina and all of its people. I can 
think of no better Senator to serve as Majority Leader than 'Tony' Rand, and I am 
proud to second his nomination." 

On the further motion of Senator Basnight the nominations are closed. The mem- 
bers of the minority party are excused from voting. Senator Anthony E. Rand is 
elected Majority Leader by acclamation. 

Being declared duly elected, the President appoints Senator Hipps and Senator War- 
ren to escort the Majority Leader, Senator Rand, to the Well of the Senate where he 
receives the prescribed oath of office which is administered by the Honorable Patricia 
Timmons-Goodson, Judge of the Twelfth Judicial District of the General Court of Jus- 
tice. Senator Rand is recognized to address the membership from the Well of the 
Senate, as follows: 

"Ladies and Gentlemen of the Senate and distinguished guests. 

"Thanks to Senator Plyler, Senator Rauch, and Senator Basnight. I'm glad my 
mother, wife and boys could be here to hear all this. Thanks to Senator Warren and 
Senator Hipps and to all of you for allowing me the opportunity to serve as Majority 
Leader. 

"I would first like to express my deep gratitude and the gratitude of all the people of 
North Carolina to my predecessor in this office, Senator Kenneth Royall. Thanks to 
his leadership, North Carolina has a tradition of fiscal responsibility and good govern- 
ment. Our mental health programs are the model for this nation — all this in large 
measure to his great leadership. 

"We are very fortunate to live in North Carolina. We have a great State of tremen- 
dous diversity — the charm of our seashores, the timeless beauty of our mountains, and 
the vitality and strength of the Piedmont. This diversity is our greatest strength! We 
must use this diversity to advance our State and not let it be used to pit one region 
against another or one section against another. Together we must carry North Caro- 
lina forward. 



February 9, 1987 



1987] SENATE JOURNAL 13 

"Our great Lieutenant Governor, Bob Jordan, has spoken of not being content with 
the status quo. If we are to be content with the way things are, we would join the 
gentleman who advocated abolishing the patent office in the late 1800's. He said that 
everything that could be invented had already been invented. Obviously, he was not a 
prophet of the future. 

"North Carolina has come a long way — but we have a ways to go. It's like the old 
man told my daddy — 'we ain't what we wanta be, we ain't what we're gonna be, but 
thank God, we're better than we were.' 

"Our schools are better, but the Basic Education Plan will make them better still. 
Our economy is progressing — but our Lieutenant Governor's Commission on Jobs and 
Economic Growth has charted an ambitious course for economic growth and expan- 
sion. 

"It's our obligation to move North Carolina forward to the 21st Century. To assure 
that all our people can develop their full potential, make a contribution to our society 
and have a fulfilling life. If we succeed, we will make the best better and will make 
North Carolina the place where the 'weak grow strong and the strong grow great'! 

"With Karen's help and your help, I will try to make this session of the General 
Assembly the best it can be." 

For Principal Clerk of the Senate, Senator Harris places in nomination Sylvia Mor- 
ris Fink of Wake County. Senator Plyler seconds the nomination. (See Appendix) 

On motion of Senator Plyler, the nominations are closed and Sylvia Morris Fink is 
elected Principal Clerk by acclamation. Being duly elected, she receives the pre- 
scribed oath of office which is administered by the Honorable Robert B. Jordan III, 
Lieutenant Governor, and assumes her seat. 

For Reading Clerk of the Senate, Senator Speed places in nomination LeRoy Clark, 
Jr. of Wake County. Senator Johnson of Wake seconds the nomination. (See Appen- 
dix) 

On motion of Senator Johnson of Wake, the nominations are closed and LeRoy 
Clark, Jr. is elected Reading Clerk by acclamation. Being duly elected, he receives 
the prescribed oath of office which is administered by the Honorable Harry C. Martin, 
Associate Justice of the Supreme Court of North Carolina, and assumes his seat. 

For Sergeant-at-Arms of the Senate, Senator Marvin places in nomination Gerda 
B. Pleasants of Wake County. Senator Speed seconds the nomination. (See Appen- 
dix) 

On motion of Senator Speed, the nominations are closed, and Gerda B. Pleasants is 
elected Sergeant-at-Arms by acclamation. Being declared duly elected, she receives 
the prescribed oath of office which is administered by the Honorable James G. Exum, 
Jr., Chief Justice of the Supreme Court of North Carolina, and assumes her seat. 

The President announces that the following members of the 1987 General Assembly 
have been elected officers of the Minority Party: Senator Redman, Senate Minority 
Leader, and Senator Smith, Senate Minority Whip. Senator Redman is recognized to 
address the membership. (See Appendix) 

RULES OF SENATE 

On motion of Senator Harrington, the Rules of the 1985 General Assembly are 
adopted as the temporary Rules of the 1987 Session with the following exception: Rule 
32 amended to read as follows: 



February 9, 1987 



14 • SENATE JOURNAL [Session 

"RULE 32. List of standing committees. — The standing committees shall be: 

Alcoholic Beverage Control 

Agriculture 

Appropriations 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 

Base Budget 

Children and Youth 

Commerce 

Constitution 

Economic Growth 

Education 

Election Laws 

Environment >, :,; ; , 

Finance 

Higher Education , . , , , ' . • , 

Human Resources 

Insurance 

Judiciary I 

Judiciary II 

Judiciary HI 

Judiciary IV 

LocahGoveuiment and Regional Affairs I 

Local Government and ftegioaal Affairs II 

Manufacturing and Labor 

Natural and Economic Resources and Wildlife 

Pensions and Retirement 

Rules and Operation of the Senate 

State Government 

State Personnel , ; r j S^rr f 

Transportation 

Veteran Affairs and Senior Citizens 

Ways and Means" 

A special message is ordered sent to the House of Representatives informing that 
Honorable Body that the Senate is organized and ready to proceed with public 
business. 

APPOINTMENT OF COMMITTEES 

The President announces appointments to the standing committees, as follows: 

RULES AND OPERATION OF THE SENATE COMMITTEE: Senators 
Harrington (Chairman), Royall (Vice-Chairman) , Barnes, Conder, Guy, Hardison, 
Harris, Hunt of Moore, Kincaid, Parnell, Plyler, Rand, Rauch, Smith, Soles, Taft, 
Walker, Ward, Warren, and Winner. 

The President charges the Committee, as follows: 



February 9, 1987 



1987] SENATE JOURNAL 15 

"Senator Harrington and members of the Committee: ' 

"Your Committee is charged with maintaining rules that will provide for an efficient 
and fair operation of the Senate. Our rules must continue to ensure that all members 
of the Senate have the maximum opportunity to represent their constituents in all as- 
pects of the legislative process. 

"We must continue to look for rules designed to use our time wisely while in session 
to ensure a continued Citizen Legislature. 

"Senator Harrington, the Senate is a very special place to you, demonstrated by 
your dedication to this institution during your length of service in the Senate. I say to 
you and the members of this Committee, yours is a very important task and I know you 
will recommend rules to us that will guide all of us in carrying out our duties." 

ALCOHOLIC BEVERAGE CONTROL COMMITTEE: Senators Seymour 
(Chairman), Kaplan (Vice-Chairman), Allran, Barker, Daniel, Goldston, Hardison, 
Rand, and Smith. 

The President charges the Committee as follows: 

"Senator Seymour and members of the Committee: 

"Laws governing the use and control of alcoholic beverages are complex and often 
controversial. You will no doubt be asked to consider numerous bills, and it is your 
duty to come forward with recommendations that will best serve the needs of our citi- 
zens. Listen to all sides on these issues, and propose to the Senate what will best serve 
our State. 

"I appreciate your willingness to undertake this very important task." 

AGRICULTURE COMMITTEE: Senators Speed (Chairman), Taft, Warren 
(Vice-Chairmen), Barnes, Basnight, Block, Ezzell, Martin of Pitt, McDuffie, Par- 
nell, Plyler, Redman, Shaw, and Soles. 

The President charges the Committee as follows: - 

"Senator Speed and members of the Committee: 

"Too many North Carolinians have been forced to give up their land and agricul- 
tural enterprises that have been a part of their families for generations. Senator 
Speed, I know how involved you have been in trying to find ways to help our farmers. 

"You and the members of the Committee are charged with reviewing the problems 
facing our farmers and traditional agribusinesses. We must find new markets and 
promote our farm products proudly and aggressively. Agriculture has to be a viable 
part of our future. 

"The Senate will be looking to you for guidance on this important Committee, and I 
have every confidence you will provide the leadership we need." 

APPROPRIATIONS COMMITTEE: Senators Plyler (Chairman), Hardison, 
Martin of Guilford, Parnell, Royall, Warren (Vice-Chairmen), Barker, Barnes, 
Basnight, Block, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Harrington, Harris, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, 
Martin of Pitt, Marvin, Rand, Richardson, Sands, Seymour, Simpson, Smith, Swain, 
Taft, Tally, Thomas, Walker, Ward, and Winner. 

APPROPRIATIONS ON EDUCATION COMMITTEE: Senators Ward 
(Chairman), Martin of Guilford (Vice-Chairman) , Conder, Simpson, Tally, and 
Winner. 



February 9, 1987 



16 - SENATE JOURNAL [Session 

APPROPRIATIONS ON GENERAL GOVERNMENT COMMITTEE: 

Senators Thomas (Chairman), Goldston (Vice-Chairman) , Block, Hunt of Durham, 
Johnson of Cabarrus, Sands, and Seymour. 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: Sena- 
tors Walker (Chairman), Harris (Vice-Chairman), Ezzell, Harrington, Richardson, 
and Smith. 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY COMMIT- 
TEE: Senators Marvin (Chairman), Parnell (Vice-Chairman), Cobb, Daniel, 
Johnson of Wake, Swain and Taft. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 
COMMITTEE: Senators Basnight (Chairman), Martin of Pitt (Vice-Chairman), 
Barker, Barnes, Guy, Hunt of Moore, and Kincaid. 

BASE BUDGET COMMITTEE: Senators Rand (Chairman), Hardison, Mar- 
tin of Guilford, Parnell, Roy all, Warren (Vice-Chairmen) . 

(All members of the Appropriations Committee are also members of the Base 
Budget Committee) ,, . ,:a.u '•>':/a-(s: ■■^^mi^^- 

"The President charges the Committees, as follows: 

"Senators Plyler, Rand, Ward, Thomas, Walker, Marvin, Basnight, and members 
of the Committees: 

"The Appropriations Committee will determine the course of State government for 
the next two years. As during the 1985 General Assembly, it will be your job to review 
current operations to see if we can make government more efficient and find ways to 
invest our limited resources. 

"Funding education must be our top priority for our future depends on our ability to 
meet the needs of children in the classroom. Funds must be found to adequately com- 
pensate teachers and State employees, to improve our prison system, to provide for 
justice and public safety, to secure economic opportunities for our citizens, and to 
ensure a brighter tomorrow for all North Carolinians. 

"The State does have a role in helping our citizens in seeing that we do improve the 
quality of life in this State. It is your responsibility to determine how we can carry out 
our obligations to best serve our citizens. 

"We will be looking at further reforms in the budget process this year so that citizens 
and members of the General Assembly can have a more complete understanding of 
how tax dollars are spent. 

"Your task will be a difficult one, but I am confident that each of you will undertake 
it to the best of your ability and propose a constitutionally mandated balanced budget 
for our State." 

CHILDREN AND YOUTH COMMITTEE: Senators Conder (Chairman), 
Hipps, Barnes (Vice-Chairmen), Allran, Harris, Johnson of Cabarrus, Martin of 
Guilford, Marvin, Richardson, Shaw, Speed, Tally, Walker, and Ward. 

The President charges the Committee as follows: 

"Senator Conder and members of the Committee: 

"Our children are our future. Our investment in our children are the most important 
ones we can make, and we will not shortchange them and their future. 



February 9, 1987 



1987] SENATE JOURNAL 17 

"During the 1985 Session, the General Assembly took some significant steps to im- 
prove the lives of our children. By strengthening day care standards, improving child 
support laws, providing for a missing childrens center and other actions we have made 
lives better for children. 

"Senator Conder, you have throughout your life been dedicated to helping our chil- 
dren. This year you have been asked to lead us forward in our determination to secure 
a better life for our children. 

"You and the Committee members are charged with looking at such issues as pre- 
school for disadvantaged four-year-olds, the endangered child legislation, juvenile de- 
linquency, and other areas that need our attention. 

"Many of you are already familiar with these issues and I am confident that you can 
help our children reach their fullest potential." 

COMMERCE COMMITTEE: Senators Hardison (Chairman), Smith, Soles 
(Vice-chairmen), Barker, Block, Cobb, Goldston, Guy, Harris, Johnson of Wake, 
Kaplan, Kincaid, Parnell, Plyler, Rand, Rauch, Royall, Seymour, Shaw, Staton, and 
Thomas. 

The President charges the Committee as follows: 

"Senator Hardison and members of the Committee: 

"This Committee was an extremely active committee during the 1985-86 Session, 
and I anticipate it will continue that same role this Session. You will be asked to 
review utility legislation as well as banking and thrift proposals. 

"Many of you have served on this Committee in the past and together with your 
Chairman have a strong knowledge of the issues in this area. 

"Probably no other committee will deal with issues which touch more of our citizens 
on a daily basis. 

"I charge you to be mindful of the effect the proposed legislation will have on these 
citizens as you are also mindful that the banks, which are stewards of our money, and 
that the utilities which provide our energy and communications systems, must continue 
to be sound. 

"This Committee is charged with a demanding task because of the variety of issues 
that you must decide. I have every confidence you will come up with proposals that 
will best serve all of North Carolina." 

CONSTITUTION COMMITTEE: Senators Hipps (Chairman), Daniel (Vice- 
Chairman), Barnes, Johnson of Cabarrus, Kaplan, Rauch, Soles, and Winner. 

The President charges the Committee, as follows: 

"Senator Hipps and members of the Committee: 

"Our Constitution is the foundation of our laws and our government. In this year of 
1987, as we commemorate our National Constitution, it is fitting that we take a close 
look at our North Carolina Constitution. 

"During the past two years, we have heard a number of ideas for modifying this 
charter for North Carolina. You will be charged with reviewing bills proposing consti- 
tutional changes such as the selection and retention of our Judges. School governance 
and other modifications for the separation of powers among the three branches of 
government. 



February 9, 1987 



18 . SENATE JOURNAL [Session 

"This is a very important undertaking, and you will need to give these proposals 
thorough and deliberative review. 

"I have every confidence in your ability to make wise decisions for our State." 

ECONOMIC GROWTH COMMITTEE: Senators Staton (Chairman), Rand, 
Royall (Vice-Chairmen) , Conder, Goldston, Hipps, Kaplan, Martin of Guilford, 
Seymour, and Smith. 

The President charges the Committee, as follows: 

"Senator Staton and members of the Committee: 

"North Carolina is faced with two and even three different economies. Your job, 
Senator Staton, and members of the Committee is to focus on initiatives to ensure 
economic prosperity and job security for all our citizens. North Carolina at one time 
was leading the nation in recruitment of industry. But now we are witnessing changes 
in our traditional industries, a decline in new companies seeking to locate here, rural 
economies faced with job losses, and urban areas in what some term a 'growth- 
choke.' 

"Because of the urgency of the situation, your Committee has already begun work- 
ing. . :■;..:..■,.■':. ;n. ,.- 

"You are charged with reviewing the work of the North Carolina Commission on 
Jobs and Economic Growth, Governor Martin's Economic Blueprint and the Southern 
Growth Policies Board Study on the Future of the South. You must look at each and 
recommend to us the policies the can secure a future for our citizens. You must find 
ways to promote the entrepreneurial spirit in our State and encourage new growth op- 
portunities. 

"I appreciate you willingness to undertake this very important task and look forward 
to your recommendations." 

EDUCATION COMMITTEE: Senators Warren (Chairman), Ward, Winner 
(Vice-chairmen), Basnight, Conder, Hipps, Hunt of Durham, Hunt of Moore, Mar- 
tin of Guilford, Martin of Pitt, Marvin, McDuffie, Richardson, Simpson, Speed, 
Staton, Taft, and Tally. 

The President charges the Committee, as follows: 

"Senator Warren and members of the Committee: 

"The 1985 General Assembly passed some landmark legislation that is already pro- 
viding students with improved classroom opportunities. You are charged with building 
on those historic achievements. 

"The education of our children is the single most important investment we as a State 
make. As we fund the third and fourth years of the Basic Education Plan, we must 
focus attention on new studies of the workload of teachers, recommendations for im- 
proving teacher education and enhancing teaching as a career, proposals to more 
clearly define State governance of education and State and local funding responsibili- 
ties for schools. 

"These are complex and, in some cases, controversial issues. Your workload will 
be demanding. But I know each of you realizes that the decisions we make in the days 
ahead will determine the quality of our future workforce and the strength of our man- 
power, and I thank you for undertaking this effort." 



February 9, 1987 



1987] SENATE JOURNAL 19 

ELECTION LAWS COMMITTEE: Senators Kaplan (Chairman), Ezzell 
(Vice-chairman), Cobb, Daniel, Hunt of Durham, Johnson of Wake, Plyler, Rauch, 
Redman, Seymour, and Swain. 

The President charges the Committee, as follows: 

"Senator Kaplan and members of the Committee: 

"You are charged with reviewing our election laws to ensure that our citizens have 
every opportunity to exercise their constitutional privilege to vote. 

"During the last election, there were some problems with balloting procedures. You 
need to review these to see if we can provide a more uniform process across our State, 
so that our citizens can be assured that their vote does count. 

"Commissions have been reviewing various aspects of our election laws and will be 
making recommendations to you. You must analyze these and other proposals, and 
recommend to the Senate, bills that will best serve all voters. 

"Yours is an important task and I appreciate your willingness to serve North Caro- 
lina in this way." 

ENVIRONMENT COMMITTEE: Senators Winner (Chairman), Taft (Vice- 
Chairman), Barker, Harris, Hipps, Johnson of Cabarrus, Kaplan, Martin of Guil- 
ford, Tally, Thomas, Walker, and Warren. 

The President charges the Committee, as follows: 

"Senator Winner and members of the Committee: , 

"Protecting and preserving our environment is critical to continuing the good quality 
of life we have all come to expect in North Carolina. It is our quality of life that has 
made this State such a great place to live. We cannot afford to allow growth and other 
demands to harm the valuable resources we have in this State. In the end, our stan- 
dard of living depends on our quality of hfe. 

"Senator Winner, you and the members of this Committee are charged with looking 
at ways to protect our ground water supplies which provide drinking water to a large 
percentage of our citizens. You will be asked to find ways to clean up abandoned toxic 
waste sites that threaten our water and our soil and the lives of our citizens. Local 
governments will be seeking your advice as they seek ways to provide needed water and 
sewer services. 

"There will be other recommendations on banning phosphate detergents, on further 
strengthening the right of cities to know about the presence of dangerous substances in 
their communities, and protecting the unique qualities of our coastal and mountain 
areas. 

"You have the responsibility of ensuring that we leave our State as blessed as we 
found it for those who come after us. 

"I have confidence in your ability to provide the Senate with legislation that will 
protect our quality of life." 

FINANCE COMMITTEE: Senators Rauch (Chairman), Thomas (Vice-Chair- 
man), Allran, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, 
Kaplan, McDuffie, Plyler, Rand, Redman, Royall, Shaw, Sherron, Smith, Soles, 
Somers, Speed, Staton, Walker, Ward, Warren, and Winner. 

The President charges the Committee, as follows: 



February 9, 1987 



m ' SENATE JOURNAL [Session 

"Senator Rauch and members of the Committee: 

"The Finance Committee has the responsibility of ensuring that our tax system is 
fair and equitable. You are charged with providing our State with adequate revenues to 
fund essential services. 

"Senator Rauch, you have provided strong leadership for this Committee for a num- 
ber of years. This year your Committee will be asked to look at a number of proposals 
to give local government more options for revenue sources. You will undoubtedly be 
asked to look at proposals to reduce the tax burden on business and on citizens, and 
there will also be some recommendations to increase that burden. 

"The federal government has made changes in its tax laws and you should review 
those and determine what impact those may have on State and local governments, on 
citizens, and business. 

"I ask you to review the economic picture of our State and determine what proposals 
will best serve the interests of all our citizens. 

"Each year our finance laws become more complex and more important to our 
State's well being. 

"I feel certain that this Committee will carry out its responsibilities with thorough- 
ness and fairness." 

HIGHER EDUCATION COMMITTEE: Senators Martin of Guilford (Chair- 
man), Cobb, Tally (Vice-Chairmen) , Conder, Goldston, Hipps, Hunt of Durham, 
Martin of Pitt, Rauch, Royall, Smith, Somers, and Staton. 

The President charges the Committee, as follows: 

"Senator 'Bill' Martin and members of the Committee: 

"North Carolina's future depends on our ability to maintain a strong system of 
higher education. We have been a leader in this nation in the quality of education 
provided by our public universities, our private colleges, and our community college 
system. 

"You, Senator Martin, have time and time again demonstrated your concern and 
support for our system of higher education. You and the members of the Committee 
must look at ways our community college system can provide literacy training for those 
adults who are unable to read and write. You must see that our community colleges 
have the capability to train and retrain workers for the jobs of today and tomorrow and 
provide encouragement for small business development. 

"Our public universities and private colleges have been on the forefront of research 
and education to prepare our students and workers for the changing demand of our 
National and State economy and a critical task is training classroom teachers. The 
University Board, responding to the Legislature's request, has proposed strengthening 
teacher education, and I ask this General Assembly to provide the resources to enable 
our universities and colleges to produce better prepared teachers. 

"We must encourage strengthening of this relationship among public schools, com- 
munity colleges, public and private universities to keep the overall system strong and 
responsive to the needs of our citizens. 

"Yours is an important task, and I have every confidence that you will perform it 
well." > , 



February 9, 1987 



1987] SENATE JOURNAL 21 

HUMAN RESOURCES COMMITTEE: Senators Harris (Chairman), Martin 
of Guilford, Walker (Vice-Chairmen) , Ezzell, Hardison, Harrington, Hunt of Moore, 
Kincaid, Marvin, Richardson, Royall, Smith, Tally, Thomas, and Ward. 

The President charges the Committee, as follows: 

"Senator Harris and members of the Committee: 

"Our most valuable resource in North Carolina is its people. The need for human 
services becomes more important at this time of federal budget cuts, changes in the 
economy, and resulting stresses on our families. Many of our citizens through no fault 
of their own are unable to provide for themselves. 

"You will be asked to look at a number of changes affecting the delivery of health 
services. And you must look at ways for best delivering mental health services to those 
who are in need of our care and understanding. 

"We are caring people in North Carolina. I know how supportive of these issues 
you. Senator Harris, and the members of your Committee have been in the past, and I 
appreciate your dedication in serving North Carolina in this way. We in North Caro- 
lina are a caring people, and we've always insisted that government be sensible with- 
out being insensitive." 

INSURANCE COMMITTEE: Senators Parnell (Chairman), Johnson of 
Wake, Kincaid (Vice-Chairmen), Hardison, Rand, Seymour, Smith, Soles, Staton, 
and Taft. 

The President charges the Committee, as follows: 

"Senator Parnell and members of the Committee: 

"The availability and affordability of insurance continue to be among the most im- 
portant issues facing our citizens. Last year we took some important steps to provide 
the Commissioner with tools to make insurance more readily available. 

"Senator Parnell, the Senate is grateful for your willingness to take on this compli- 
cated issue. 

"This year the Committee will be asked to determine what steps to take to insure 
that citizens and businesses have access to this essential product. 

"Members of the Committee, I appreciate your willingness to undertake this respon- 
sibility. 

JUDICIARY I COMMITTEE: Senators Barnes (Chairman), Hipps (Vice- 
Chairman), Ezzell, Johnson of Cabarrus, Martin of Guilford, Seymour, Tally, and 
Warren. 

JUDICIARY II COMMITTEE: Senators Johnson of Wake (Chairman), 
Staton (Vice-chairman), Barker, Cobb, Goldston, Hardison, Hunt of Moore, and 
Taft. ^ 

JUDICIARY III COMMITTEE: Senators Swain (Chairman), Sands (Vice- 
Chairman), Allran, Daniel, Harris, Sherron, Somers, and Walker. 

JUDICIARY IV COMMITTEE: Senators Soles (Chairman), Rand (Vice- 
Chairman), Block, Kaplan, Marvin, Parnell, Royall, Simpson, and Winner. 

The President charges the Committees, as follows: 



February 9, 1987 



22 " SENATE JOURNAL [Session 

"Senators Barnes, 'Joe' Johnson, Swain, Soles, and members of the Committees: 

"The Judiciary Committees are charged with reviewing proposed changes in the laws 
of North Carolina. There will be requests to aher our laws governing criminal and civil 
procedures and other aspects of our legal system. Working on this legislation will 
require thoughtful analysis of what the changes will mean for our citizens. 

"I say to the four Committee Chairmen, that throughout your tenure in the Senate, 
you have demonstrated your commitment to upholding our citizens' rights to a fair 
judicial system. 

"North Carolina is proud of its strong legal system and I appreciate your willingness 
to undertake this complicated process, central to the well-being of our State." 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS I COMMITTEE: 

Senators Ezzell (Chairman), Hunt of Durham (Vice-Chairman) , Allran, Daniel, 
Martin of Pitt, Marvin, McDuffie, Shaw, and Sherron. 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS II COMMITTEE: 

Senators Hunt of Moore (Chairman), Basnight (Vice-Chairman), Conder, Johnson 
of Cabarrus, Redman, Richardson, Sands, Simpson, Swain, and Walker. 

The President charges the Committees, as follows: 

"Senators Ezzell, Wanda Hunt and Members of the Committees: 

"Better State and local partnerships are critical to our future as the federal govern- 
ment abandons and shifts responsibility for programs. As local officials address a 
growing number of complex problems and increased demand for services, we continue 
to see an increase each session in the number of bills affecting local governments. 

"On many occasions proposed local legislation has statewide impact, and it will be 
your duty to examine each piece of legislation and determine whether passage is in the 
best interest of not only the local citizens but also our entire State. 

"I have confidence in your ability to meet the challenges before you, and I thank you 
for undertaking this vital work." 

MANUFACTURING AND LABOR COMMITTEE: Senators Martin of Pitt 
(Chairman), Block (Vice-Chairman), Allran, Daniel, Goldston, Guy, Harris, Hunt 
of Durham, Kincaid, Parnell, Plyler, Rauch, Richardson, Sands, Smith, and 
Thomas. 

The President charges the Committee as follows: 

"Senators 'Bob' Martin and members of the Committee: 

"You are charged with assuring that legislation from your Committee is responsive 
to both employers and employees. Proposals will be made to alter workers compensa- 
tion benefits, and these deserve thoughtful attention to the needs of workers and busi- 
ness as our economy grows and diversifies. 

"Senator Martin, no place is changing more rapidly than the workplace. 1987 is 
certain to bring forth new ideas, needs, and concerns for you and your Committee. 

"I have every confidence in the concern that each member brings to this Commit- 
tee." 

NATURAL AND ECONOMIC RESOURCES AND WILDLIFE COM- 
MITTEE: Senators Tally (Chairman), Barker, Guy (Vice-Chairmen), Basnight, 
Block, Harrington, Kincaid, Shaw, Sherron, Simpson, Somers, Thomas, and Ward. 



February 9, 1987 



1987] SENATE JOURNAL 23 

The President charges the Committee as follows: 

"Senator Tally and members of the Committee: 

"North Carolina must strive to maintain its natural resources as we seek continued 
economic growth. We must protect our natural areas while at the same time providing 
for the well-being of our citizens. You have the duty of balancing our need for raw 
materials to provide a strong economy and jobs along with our responsibility to pass on 
our natural resources to our future generations. You are charged with making sure 
that we protect our wildlife resources and manage our forests in a responsible manner. 

"I appreciate your willingness to assume and discharge this vital work." 

PENSIONS AND RETIREMENT COMMITTEE: Senators Hunt of Dur- 
ham (Chairman), Marvin, Swain (Vice-Chairmen) , Barker, Basnight, Harrington, 
McDuffie, Plyler, Redman, Royall, Sherron, and Speed. 

The President charges the Committee as follows: 

"Senator Ralph Hunt and members of the Committee: 

"A sound retirement and pension policy is essential as we strive to attract and keep 
good employees serving our State. Legislation in the 1979-80 Session directed this 
permanent Committee to study all legislation involving State-administered retirement 
benefit or pension plans for public officers and employees. 

"You will be faced with some controversial proposals this Session, and it will be 
your job to recommend policies that will maintain a sound system for our State. I am 
confident of your ability to discharge this important work." 

STATE GOVERNMENT COMMITTEE: Senators Guy (Chairman), Conder, 
Johnson of Wake (Vice-Chairmen), Cobb, Ezzell, Hardison, Harris, Martin of Pitt, 
Parnell, Royall, Seymour, Simpson, Smith, Swain, Taft, and Walker. 

The President charges the Committee as follows: 

"Senator Guy and members of the Committee: 

"You are charged with assuring that State government is efficient in meeting the 
needs of our citizens. State government is a complex business — over 9 billion dollars 
for the coming year. 

"There will always be demands to change and reform State government to add new 
programs and take on new responsibilities. It is your duty to determine how we can 
most efficiently address these demands to best meet the needs of our citizens and to 
wisely invest our finite resources. 

"You have my appreciation for the work you have agreed to perform." 

STATE PERSONNEL COMMITTEE: Senators Taft (Chairman), Sherron 
(Vice-Chairman), Allran, Barnes, Conder, Daniel, Hipps, Johnson of Wake, Martin 
of Pitt, Parnell, Sands, Simpson, and Staton. 

The President charges the Committee as follows: 

"Senator Taft and members of the Committee: 

"Dedicated State employees make it possible for government to serve the public. 

"We need to review our State personnel classification and pay system, and look at 
flexible benefits and other policies that will keep us competitive with the private sector. 



February 9, 1987 



24 SENATE JOURNAL [Session 

"This new Committee is being established because of the complexity of these issues. 
I very much appreciate your willingness to undertake this task, and know you will 
balance the interests of the State with the interest of our employees. 

"No organization can perform efficiently without a fair and clear personnel system 
and policy. Almost daily our office receives inquiries with concerns and complaints. 

"Senator Taft, I thank you and look to you and your Committee to provide us lead- 
ership in this crucial area." 

TRANSPORTATION COMMITTEE: Senators Goldston (Chairman), Har- 
rington (Vice-Chairman) , Barker, Barnes, Basnight, Hunt of Durham, Marvin, 
McDuffie, Redman, Sands, Sherron, Somers, Speed, Staton, Ward, and Warren. 

The President charges the Committee as follows: 

"Senator Goldston and members of the Committee: 

"Roads have fueled the North Carolina economy from early times serving as arteries 
of commerce and communication. They, along with airports and other transportation 
systems, are vital if our communities are going to grow. We are proud of our highway 
and secondary road system, the largest in the nation. We want to keep our reputation 
as the 'Good Roads State.' Last year we took some historic steps to improve our 
transportation system. Now we must build on that effort. We must also review legis- 
lation that ensures safety on our highways. 

"It is your duty to see that we protect and continue to develop this very important 
system, and I thank you for undertaking this effort." 

VETERANS AFFAIRS AND SENIOR CITIZENS COMMITTEE: Sena- 
tors Richardson (Chairman), Hunt of Moore, Speed (Vice-Chairmen) , Barnes, 
Block, Conder, Guy, Johnson of Cabarrus, Sands, Sherron, Somers, and Swain. 

The President charges the Committee as follows: 

"Senator Richardson and members of the Committee: 

"These are two of the most important constituent groups in our State, and we must 
do everything we can to secure their social and economic well-being. 

"This Session your Committee will be asked to review State government policies to 
make sure our veterans are receiving rightful consideration and that senior citizens are 
provided quality care. We must continue to find ways to utilize both these valuable 
resources for their own benefit and for our State. 

"I appreciate your interest in these citizens who have provided for us and I look 
forward to your proposals for improving their lives." 

WAYS AND MEANS COMMITTEE: Senators Royall (Chairman), Plyler, 
Rauch (Vice-Chairmen), Goldston, Guy, Hardison, Harris, Harrington, Hunt of 
Moore, Rand, Smith, Thomas, Walker, Ward, Warren, and Winner. 

The President charges the Committee as follows: 

"Senator Royall and members of the Committee: 

"This Committee is responsible for coordinating efforts between the Appropriations 
and Finance Committees in order to carry out our constitutional mandate of adopting a 
balanced budget. We must weigh the needs of our citizens with our obligation to do 
what is fiscally responsible. You will be called on to review bond issues and other 
proposals that affect our spending and taxing policies. 



February 9, 1987 



1987] SENATE JOURNAL 25 

"Senator Royall, you have been a champion of fiscal responsibility in this State for 
many years, serving as Chairman of the Advisory Budget Commission and as Chair- 
man of this important Committee. The State of North Carolina owes you a great debt 
of gratitude for your service, and I appreciate your willingness to continue to perform 
these duties. 

"The challenge will be even greater this year to continue to bring our budget into 
balance with our varying budget estimates and recent federal tax changes. I thank 
you." 

The President appoints the following Select Committees: 

SELECT COMMITTEES 

UNIVERSITY BOARD OF GOVERNORS COMMITTEE: Senators Royall 
(Chairman), Walker (Vice-Chairman) , Harrington, Barnes, Martin of Guilford, 
Plyler, Richardson, Smith, Tally, and Winner. 



BOARD OF COMMUNITY COLLEGES COMMITTEE: Senators Conder 
(Chairman), Hunt of Moore (Vice-Chairman), Kincaid, Marvin, Parnell, Rand, 
Richardson, and Ward. 



INTRODUCTION OF BILLS AND RESOLUTIONS 



Without objection. Rule 40, relative to the filing of legislation is suspended for to- 
day. 

The following bills and resolutions are presented to the Senate, read the first time, 
and disposed of, as follows: 

By Senators Plyler, Rand, and Royall (by request): 

S.B. 1, a bill to make appropriations for current operations of State departments, 
institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Plyler, Rand, and Royall (by request): 

S.B. 2, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S.J.R. 3, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a Joint Session of the Senate and House of Represen- 
tatives. 

On motion of Senator Harrington, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives. 



February 9, 1987 



26 ^ SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 9, 1987 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body 
that the House of Representatives is organized and is now ready to proceed with the 
public business and has elected the following officers: 

Speaker Liston B. Ramsey 

Speaker Pro Tempore John J. Hunt 

Principal Clerk * Grace A. Collins 

Reading Clerk Sam J. Burrow, Jr. 

Sergeant at Arms Larry P. Eagles 

Respectfully, 
s/Grace A. Collins 
Principal Clerk 

APPOINTMENTS BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following mes- 
sages: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

January 5, 1987 

The Honorable Robert B. Jordan III 

President of the Senate 

Lieutenant Governor of North Carolina u, 

Legislative Building 

Raleigh, North Carolina 27611 1 ) ' ! vi 

Re: North Carolina Utilities Commission 

Dear Lieutenant Governor Jordan: 

Pursuant to N.C. G.S. 62-10, I appoint Senator William W. Redman, Jr., Iredell 
County, as a member of the North Carolina Utilities Commission for the term begin- 
ning July 1, 1987 and ending June 30, 1995 and, effective January 5, 1987, to fill the 
vacancy caused by the resignation of Mr. Hartwell Campbell, whose term expires June 
30, 1987. I hereby submit his name to the General Assembly for confirmation. 

Sincerely, 

s/James G. Martin 
Governor 
Referred to Commerce Committee. 



February 9, 1987 



1987] SENATE JOURNAL 27 

^- " " STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

January 19, 1987 

The Honorable Robert B. Jordan III 

President of the Senate 

Lieutenant Governor of North Carolina 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 53-92, I hereby appoint Benjamin 
T. Tison III, Mecklenburg County, North Carolina as Commissioner of Banks to 
serve a term beginning April 1, 1987, and expiring March 31, 1991, subject to confir- 
mation by the General Assembly in joint session. Furthermore, I hereby submit his 
name to the General Assembly for said confirmation. 

.; . • Sincerely, 

s/James G. Martin 
Governor 
Referred to Commerce Committee. 

The President extends courtesies of the floor to Rachel G. Gray, former Senator 
from Guilford County and to Thomas O. Gilmore, former Representative from Guil- 
ford County. 

Courtesies of the floor are extended to Mrs. Sarah Jordan, wife of Lieutenant Gov- 
ernor Robert B. Jordan III and to his mother Mrs. Irene Jordan. 

The President extends courtesies of the floor to General Ed Cassity, Commanding 
General, Camp Lejeune, United States Marine Corps Base, Jacksonville. 

The President extends courtesies of the floor to the families and friends of members 
of the Senate. 

The Reverend Sam D. McMillan, Jr., Pastor of White Plains United Methodist 
Church of Cary is recognized as the Senate Chaplain for the 1987 Session of the North 
Carolina General Assembly. 

The President recognizes Mrs. Pat Brock, serving as Supervisor of Pages for this 
Session, and the following pages serving in the Senate this week: Amy Jo Buff aloe, 
Youngsville; Annie Chalmers, Littleton; June Christmas, Raleigh; Heath Gilbert, Jr., 
Louisburg; Brian Hardee, Fayette ville; Scottie Herman, Concord; Robert Carl Kemp 
III, Oxford; Earle Koontz, Salisbury; John David Lilly, Raleigh; Melody Lynn Vick, 
Bailey; Tiara Larice Walker, Raleigh; Marqui Willoughby, Wadesboro; Brandon Erik 
York, Waynesville. 

On motion of Senator Harrington, seconded by Senator Guy, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



February 9, 1987 



2-8 " SENATE JOURNAL [Session 

SECOND DAY 

Senate Chamber, 

Tuesday, February 10, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Covenant, we recall your saying to Abraham, 'I will bless You and make 
Your Name great, so that You will be a blessing. ' 

"O God of Nations, we thank Thee for those men and women who have governed 
with integrity and compassion in our great land since its founding; and we pray that 
the leaders of both parties in our State and our nation will work for the enactment of 
laws and policies which will promote compassion, liberty, and justice for all our 
citizens — rich and poor, black and white, young and old, male and female. 

"O God of Integrity, we pray Thy special blessing upon the Lieutenant Governor of 
our fair State, upon each member of the North Carolina Senate, and upon all the 
officers, staff, and members of the General Assembly. You have blessed us in a 
special way by giving us the opportunity to serve the citizens of our State in this area. 
Help us to take our responsibilities seriously; inspire us to be persons of integrity; and 
grant that we may enact laws which will bring a blessing to all the people of our State. 

"All this week we ask in the Name of Him who blesses us as He did Abraham and 
Sarah, so that we might be a blessing to others. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kincaid: 

S.B. 4, a bill to amend the subclassification plan to provide that some first 
accidents do not result in S.D.I. P. points. 
Referred to Insurance Committee. 

By Senators Plyler, Conder, and Royall: 

S.B. 5, a bill to extend the time by which a tax collector must make his annual 
report and settlement of property taxes collected. 
Referred to Finance Committee. 

By Senators Redman and Allran: , / 

S.B. 6, a bill to expand the Alexander County Board of Commissioners from three 
to five members. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Hipps and Thomas: 

S.B. 7, a bill to provide procedures when two cities are merged when one permits 
the sale of alcoholic beverages and the other does not. 

Referred to Alcoholic Beverage Control Committee. 



February 10, 1987 



1987] SENATE JOURNAL 29 

On motion of Senator Harrington, seconded by Senator Parnell, the Senate adjourns 
to meet tomorrow at 11:30 A.M. 



THIRD DAY 



^ Senate Chamber, 

Wednesday, February 11, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Rabbi Robert J. Eisen, Beth Meyer Synagogue, Raleigh as fol- 
lows: 

"O G-d, gathered as we are in Your presence, speak to us, we pray, with the still 
small voice of Your Spirit. 

"For those whose ideals have become shallow, help us deepen them. 

"For those whose ideals have become tarnished, help us restore them. 

"For those whose hopes have become faded, help us revive them. 

"For those whose loyalties have grown dim, help us brighten them. 

"For those whose purposes have grown blurred, help us sharpen them. 

"For those whose horizons have become narrowed, help us widen them. 

"As You are near to those who call upon You in truth, be with us as we proceed to 
do Your will. 

"Give us strength, discretion, justice and love, that the words we pray may come 
alive for all who hear them. 

"And let us say together, Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

OATH OF OFFICE OF JAMES E. EZZELL, JR. 

Senator-elect James E. Ezzell, Jr. appears, representing the Tenth Senatorial Dis- 
trict, with the proper certificate of election. Senator-elect Ezzell takes and subscribes 
to the oath of office which is administered by the Honorable Robert B. Jordan III, 
President of the Senate, as follows: 

"I, James E. Ezzell, Jr., do solemnly swear that I will support and maintain the 
Constitution and laws of the United States, so help me God. 

"I, James E. Ezzell, Jr., do solemnly and sincerely swear that I will be faithful and 
bear true allegiance to the State of North Carolina, and to the constitutional powers 
and authorities which are or may be established for the government thereof; and that I 
will endeavor to support, maintain, and defend the Constitution and laws of said 
State, not inconsistent with the Constitution of the United States, to the best of my 
knowledge and ability. 



February 11, 1987 



30 ' SENATE JOURNAL [Session 

"I, James E. Ezzell, Jr., do solemnly and sincerely swear that I will faithfully dis- 
charge my duties as Senator of the 1987 General Assembly of the State of the North 
Carolina to the best of my skill and ability according to law; so help me, God." 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hipps: 

S.B. 8, a bill to merge the Towns of Hazelwood and Waynesville, subject to refer- 
endum. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Plyler and Conder: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the act for some persons or companies providing 
services to the State or local governments. 

Referred to Judiciary I Committee. 

By Senator Harris: 

S.B. 10, a bill to repeal the reversion of Willie M. Funds. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S.B. 11, a bill to clarify procedures for implementing income withholding pursuant 
to a supporting party's request. 

Referred to Judiciary IV Committee. 

By Senators Staton, Conder, Goldston, Harrington, Hipps, Kaplan, Martin of Guil- 
ford, Rand, Royall, Seymour, and Smith. 

S.J.R. 12, a joint resolution inviting the Honorable Martha Layne Collins, Gover- 
nor of Kentucky, and the Honorable William F. Winter, former Governor of Missis- 
sippi, to address a joint session of the Senate and House of representatives at 7:00 
o'clock p.m. Monday, March 2, 1987. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harrington: 

S.R. 13, a Senate resolution adopting the permanent Rules of the Senate for the 
1987 Session of the General Assembly of North Carolina. 

Referred to Rules and Operations of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.J.R. 5, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

Referred to Rules and Operations of the Senate Committee. 

H.B. 18, a bill to appoint members of the Whiteville City Board of Education. 
On motion of Senator Soles, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration. 



February 11, 1987 



1987] SENATE JOURNAL 31 

The bill passes its second and third readings and is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Basnight, the Senate ad- 
journs to meet tomorrow at 1:00 P.M. 



FOURTH DAY 

> Senate Chamber. 

Thursday, February 12, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. John E. Weems, President of Meredith College, Raleigh, 
as follows: 

"Our Father in heaven, we pause to give You thanks for our many blessings, both as 
individuals and as a nation. 

"As we meet here this afternoon, we are reminded, that our forefathers laid the 
foundation for civil and religious liberty. For their foresight and courage, we give 
Thee thanks. 

"Help us to be true to the ideals for which our country stands. May we ever be the 
home of justice, liberty, and freedom for all. May we conduct our businesses, our 
government, and our lives in a manner that is orderly, useful, honest, and decent. 

"Help us to realize that life is good, no matter, where the living takes place, but 
that, indeed, we are doubly blessed to be able to live and work as citizens of North 
Carolina. 

"Daily renew our energy and courage to preserve this nation. Help us in this time, 
particularly, O Lord, to lead all nations on a path to peace. 

"We know that we best serve You, by justly and fairly serving our fellow man. Let 
nothing daunt or discourage us. Left us up, so that we may see beyond the horizon 
and press toward greater achievement in the future. 

"We ask that You support us with Your strength, and open our eyes to the countless 
opportunities lying at hand for unspectacular daily service. 

"Help us to be optimistic in our outlook and to see something good and beautiful in 
everybody and every situation. 

"Make us quick to understand the feelings and needs of others. 

"Grant us the wisdom to know what is right; the ability and courage, to do what is 
right; and the faith to defend that which we believe to be right. 

"May You send us peace, hear our prayers and abide with us forever. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Marvin and Hipps for today and 
to Senators Harris, attending the funeral of a friend. Winner and Simpson for 



February 12, 1987 



32 ' SENATE JOURNAL [Session 

tomorrow, Friday, February 13, 1987. (Senator Hipps is noted present for a portion of 
today's session). 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 18, an act to appoint members of the Whiteville City Board of Education. 
(Ch. 1) 

WITHDRAWAL FROM COMMITTEE 

H.J.R. 5, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of 
Representatives. 

On motion of Senator Harrington the joint resolution is taken from the Rules and 
Operation of the Senate Committee and is placed on the Calendar for 
immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

S.J.R. 12, a joint resolution inviting the Honorable Martha Layne Collins, 
Governor of Kentucky, and the Honorable William F. Winter, former Governor of 
Mississippi, to address a joint session of the Senate and House of representatives at 
7:00 o'clock P.M. Monday, March 2, 1987. 

On motion of Senator Staton the rules are suspended and the joint resolution is 
taken from the Rules and Operation of the Senate Committee and is placed on 
the Calendar for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hardison, Guy, and Harris: 

S.B. 14, a bill to provide longevity pay to magistrates. 
Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 15, a bill to expand the income tax deduction for expenses to maintain a 
parent. 

Referred to Finance Committee. 

By Senator Guy: 

S.B. 16, a bill to clarify the sales tax exemption for materials used to construct or 
repair certain farm buildings. 

Referred to Finance Committee. 

By Senator Guy: 

S.B. 17, a bill to eliminate seasonal privilege licenses. 
Referred to Finance Committee. 



February 12, 1987 



1987] SENATE JOURNAL 33 

By Senators Guy, Barker, and Martin of Pitt: 

S.B. 18, a bill to increase the annual income tax exclusion for federal civil service 
and military retirement pay. 

Referred to Finance Committee. 

By Senator Guy: 

S.B. 19, a bill to permit alcoholic beverage licensees who are required to furnish a 
bond to pledge government bonds as collateral rather than obtain a bond from a 
corporate surety. 

Referred to Alcoholic Beverage Control Committee. , 

By Senator Guy: 

S.B. 20, a bill to eliminate the requirement that a nonresident retail or wholesale 
merchant register with the Department of Revenue for sales tax purposes. 
Referred to Finance Committee. 

By Senator Guy: 

S.B. 21, a bill to conform the treatment of all income tax credits received by a 
corporation to the treatment of an income tax credit for property taxes. 

Referred to Finance Committee. t 

By Senator Guy: 

S.B. 22, a bill to repeal obsolete local acts concerning property taxes. 
Referred to Finance Committee. 

By Senator Conder: 

S.B. 23, a bill to delete references in the property tax statutes to the obsolete 
position of list taker. 

Referred to Finance Committee. 

By Senator Smith: 

S.B. 24, a bill authorizing the Salisbury City Council to convey certain real 
property. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Ezzell, Staton, Hunt of Durham, and Shaw: 

.. '^ ■ 
S.B. 25, a bill regulating itinerant merchants. i^ 

Referred to Judiciary I Committee. 

By Senators Ezzell, Staton, Hunt of Durham, and Shaw: 

S.B. 26, a bill to clarify the privilege license tax on peddlers, itinerant merchants, 
and flea market operators. 

Referred to Finance Committee. 

On motion of Senator Harrington, seconded by Senator Martin of Pitt, the Senate 
adjourns to meet tomorrow at 9:00 A.M. 



February 12, 1987 



34 " SENATE JOURNAL [Session 

FIFTH DAY 

Senate Chamber, 

Friday, February 13, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend R. Keith Glover, Associate Minister, White Plains 
United Methodist Church, Raleigh, as follows: 

"Almighty and Eternal God, Whose nature is Love, we seek Your Presence and 
Guidance in this Session when the shape of the valentine reminds us that Love is the 
heart of all human relationships, and the cornerstone of liberty and justice. 

"May the assurance of Your Love fill each member of this body with a Love of 
truth and righteousness. 

"May the power of Your Love rule in their hearts and prosper their endeavors so 
that law and order, justice and peace may prevail throughout the State. 

"May the inspiration of Your Love fill them with the Love of Your laws and the 
Love of that which is righteous and life-giving, so that they may be worthy stewards 
of Your good and perfect gifts. 

"May the healing presence of Your Love in our lives make our homes holy, our 
work honorable, and our pleasures pure. 

"May the knowledge of Your great Love for each of us keep us this day pure in 
motive, wise in our decisions, and strong in all actons, doing that which is pleasing in 
Thy sight. ^- 

"For these and all other experiences of Love in our lives, we give Thee thanks and 
praise. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Kaplan, Kincaid, McDuffie, 
Staton, and Thomas for today. Leaves granted previously to Senators Harris, 
Simpson, and Winner are noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Marvin: 

S.B. 27, a bill to repeal the charter of the Danieltown Volunteer Fire Department, 
Inc. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators McDuffie, Simpson, Kincaid, and Smith: 

S.B. 28, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality. 

Referred to Local Government and Regional Affairs I Committee. 



February 13, 1987 



1987] SENATE JOURNAL 35 

By Senators Marvin and Harris: , ■ ;. < 

S.B. 29, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Winner, Rauch, Redman, and Cobb: 

S.B. 30, a bill to allow the Legislative Ethics Committee to choose more than one 
method of disposing of a matter after its inquiry into alleged violations. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Hipps: 

S.B. 31, a bill to create the Judicial Selection Study Commission, and to appropri- 
ate funds for its operation. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Guy, Harrington, Harris, Winner, Martin of Pitt, Staton, Rand, 
Royall, Parnell, Basnight, Hunt of Durham, Goldston, Thomas, Daniel, Barker, 
Speed, Martin of Guilford, Conder, Swain, Hardison, Soles, Sherron, Ward, Taft, 
Tally, and Warren: 

S.B. 32, a bill to provide that in all elections with voting devices requiring the voter 
to punch or mark a number in order to cast a straight-party ticket, the number shall be 
uniform statewide. 

Referred to Election Laws Committee. 

By Senators Hardison and Warren: ■ 

S.B. 33, a bill to continue for life non-contributory premiums for surviving spouses 
of State employees if the employee was retired or eligible to retire prior to October 1 , 
1986, under the Teachers' and State Employees' Comprehensive Major Medical Plan. 

Referred to Pensions and Retirement Committee. 

By Senators Hardison, Warren, and Guy: 

S.B. 34, a bill to provide unreduced retirement benefits for State and local govern- 
ment fire fighters on the same basis as provided for law enforcement officers. 
Referred to Pensions and Retirement Committee. 

By Senators Royall, Barker, Barnes, Basnight, Block, Conder, Daniel, Goldston, 
Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Martin of Pitt, Marvin, Parnell, Plyler, Rand, Richardson, Sands, Seymour, 
Sherron, Swain, Taft, Tally, Walker, Ward, and Warren: 

S.B. 35, a bill to appropriate funds for the North Carolina Rural Economic Devel- 
opment Center. 

Referred to Economic Grow^th Committee. 

By Senators Conder, Plyler, and Martin of Pitt: 

S.B. 36, a bill to convert Nash, Edgecombe, and Richmond Technical Colleges to 
Community Colleges. 

Referred to Higher Education Committee. 

ESCORT COMMITTEE 

H. J.R. 5, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 



February 13, 1987 



36 ■ SENATE JOURNAL [Session 

inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

The President appoints the following members of the Senate to serve with a like 
Committee of the House of Representatives to invite, greet, and escort the Governor to 
the Joint Session: Senators Harrington, Royall, Rand, and Redman. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Sen- 
ate adjourns to meet Monday, February 16, at 7:00 P.M. 



SIXTH DAY 

, . ^ - Senate Chamber, 

Monday, February 16, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable A. D. Guy, Senator from Onslow County. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Conder, Ezzell, Hardison, 
Johnson of Cabarrus, Rauch, Swain, Taft, Walker, and Winner for tonight, due to 
inclement weather. Senator Swain is noted present for a portion of tonight's Session. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 3, a bill to grant general law power of eminent domain to county water and 
sewer districts. 

Referred to Judiciary I Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 5 House of Representatives 

February 13, 1987 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information pur- 
suant to H.J.R. 5, "A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES G. MARTIN, THAT THE GENERAL ASSEMBLY IS OR- 
GANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND INVIT- 
ING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE AND 
HOUSE OF REPRESENTATIVES," the Speaker has appointed the following mem- 
bers of the House of Representatives to serve with a like Committee of the Senate to 
invite, greet, and escort the Governor to the Joint Session: 

Representative Cochrane 
Representative Privette 



February 16, 1987 



1987] SENATE JOURNAL 37 

Representative Jack Hunt ^v '. 

Representative Lilley ^ 

,<v ' , Respectfully, 

S/Grace A. Collins 
Principal Clerk 

ENROLLED BILLS 

! ^ ; .- ■ •.:--'.-■;■(,. 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.J.R. 5, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. (Res. 1) 

S.J.R. 12, a joint resolution inviting the Honorable Martha Layne Collins, Gover- 
nor of Kentucky, and the Honorable William F. Winter, former Governor of Missis- 
sippi, to address a joint session of the Senate and House of Representatives at 7:00 
o'clock P.M. Monday, March 2, 1987. (Res. 2) 

r ^ # REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the act for some persons or companies providing 
services to the State or local governments with a favorable report, as amended. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 5 House of Representatives 

February 16, 1987 

Mr. President'. 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.J.R. 5, "A JOINT RESOLUTION INFORMING HIS EXCEL- 
LENCY, GOVERNOR JAMES G. MARTIN, THAT THE GENERAL ASSEMBLY 
IS ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SEN- 
ATE AND HOUSE OF REPRESENTATIVES." The House of Representatives 
stands ready to receive the Senate in Joint Session. 

'"""■; ; ; Respectfully, 

■' '' ' S/Grace A. Collins 

Principal Clerk 



The President orders a Special Message sent to the House of Representatives in- 
forming that Honorable Body that the Senate stands ready to repair to the Hall of the 
House, there to sit in Joint Session with that Honorable Body for the purpose of receiv- 
ing the Governor's message, pursuant to H.J.R. 5, a joint resolution informing His 



February 16, 1987 



38 SENATE JOURNAL [Session 

Excellency, Governor James G. Martin, that the General Assembly is organized and 
ready to proceed with public business and inviting the Governor to address a Joint 
Session of the Senate and House of Representatives at 7:30 P.M. on Monday, Febru- 
ary 16, 1987. 

Senator Harrington offers a motion that the Senate recess, duly seconded, to meet 
in Joint Session with the House of Representatives for the purpose of receiving the 
Governor's message, and further upon dissolution of the Joint Session to stand ad- 
journed to meet tomorrow, Tuesday, February 17, at 1:30 P.M., which motions pre- 
vail. 

Pursuant to the motions of Senator Harrington, the Senate preceded by its officers, 
repairs to the Hall of the House of Representatives, there to sit in Joint Session with 
that Honorable Body for the purpose of receiving the Governor's message. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Lieutenant Governor Robert B. Jordan III, 
President of the Senate. 

The President recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of His Excellency, Governor James G. Martin. Senator 
Harrington and the Committees appointed by the President of the Senate and Speaker 
of the House of Representatives escort the Governor to the Well of the House. The 
President of the Senate presents Governor Martin to the General Assembly, who deliv- 
ers the State-of-the State address. (See Appendix) 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate adjourns to meet tomorrow, Tuesday, February 
17, at 1:30 P.M. 



SEVENTH DAY ^ 

Senate Chamber , 

Tuesday, February 17, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by The Honorable Ollie Harris, Senator from Cleveland County. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Ezzell, Hunt of Durham, 
Johnson of Cabarrus, Staton, and Walker for today due to inclement weather. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows : 



February 17, 1987 



1987) SENATE JOURNAL 39 

By Senator Barnes for the Judiciary I Committee: 

H.B. 3, a bill to grant general law power of eminent domain to county water and 
sewer districts, with a favorable report. 

On motion of Senator Barnes, the rules are suspended and the bill is placed before 
the Senate for immediate consideration upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Parnell, Plyler, Rand, Ranch, Redman, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Swain, 
Tally, Thomas, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the act for some persons or companies providing 
services to the State or local governments. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. The bill, 
as amended, passes its second reading (electronically recorded). On objection of 
Senator Barnes to its third reading, the bill, as amended, remains on the Calendar for 
tomorrow for further consideration. 

On motion of Senator Harrington, seconded by Senator Goldston, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



EIGHTH DAY 

:^-'' : ^ ^ Senate Chamber, 

. -X < Wednesday, February 18, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin Ward, Senator from Forsyth County. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Staton, due to illness, and Sena- 
tor Ezzell for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Harris: ' 

S.B. 37, a bill to expedite proceedings involving child victims and witnesses. 
Referred to Children and Youth Committee. 



February 18, 1987 



m SENATE JOURNAL [Session 

By Senator Harris: 

S.B. 38, a bill to expedite proceedings involving child victims and witnesses. -2. 
Referred to Children and Youth Committee. 

By Senators Parnell, Basnight, Guy, Harrington, Martin of Guilford, Martin of Pitt, 
Marvin, Royall, Swain, Tally, and Ward: 

S.B. 39, a bill to appropriate funds to place modular units at sixteen prison loca- 
tions and eliminate the threat of overcrowding. 
Referred to Appropriations Committee. 

By Senators Parnell, Basnight, Guy, Harrington, Martin of Guilford, Martin of Pitt, 
Marvin, Royall, Swain, Tally, and Ward: 

S.B. 40, a bill to appropriate funds for satellite jail/work release units. 
Referred to Appropriations Committee. 

By Senators Parnell, Basnight, Guy, Harrington, Martin of Guilford, Martin of Pitt, 
Marvin, Royall, Swain, Tally, and Ward: 

S.B. 41, a bill to appropriate funds to improve the State Prison System. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S.B. 42, a bill to permit ABC Boards in Cleveland County to contract for law en- 
forcement. 

Referred to Alcoholic Beverage Control Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the act for some persons or companies providing 
services to the State or local governments, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded). 

Senator Hipps moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered, which motion prevails. 

The bill, as amended, remains on the Calendar for today, upon third reading in its 
regular order of business. 

H.B. 3, a bill to grant general law power of eminent domain to county water and 
sewer districts, upon third reading. 

The bill passes its third reading by roll call- vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Con- 
der, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Redman, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Win- 
ner — 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the act for some persons or companies providing 
services to the State or local governments, as amended, upon third reading. 

Senator Swain offers Amendment No. 2. 



February 18, 1987 



1987] SENATE JOURNAL 41 

On motion of Senator Barnes, consideration of the bill, as amended, with Amend- 
ment No. 2 pending, is postponed until Thursday, February 19. 

On motion of Senator Harrington, seconded by Senator Thomas, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



NINTH DAY 



Senate Chamber, 

Thursday, February 19, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Creation, when we consider Thy heavens, the work of Thy fingers, the 
moon, and the stars which Thou hast created, we stand in awe of You and Your 
power. 

"We recall that You placed Adam and Eve in the garden to be stewards of Your 
good earth; and we acknowledge that we too are called to be good stewards of Your 
creation. 

"Forgive us for those times when we have desecrated rather than protected the natu- 
ral resources of the good earth which You put in our care; and inspire us in this Ses- 
sion of the Legislature to enact laws and to provide funding for the protection and 
preservation of the pure waters, the blue skies, the snow-covered mountains, the sun- 
kissed beaches, the rich soil, the green forest, and beautiful parks of this fair State. 

"All this we ask in the Name of the God of Creation, who put us on this good earth 
to till it and keep it and have dominion over it. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Staton and Rand for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 3, an act to grant general law power of eminent domain to county water and 
sewer districts. (Ch. 2) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson of Cabarrus: 

S.B. 43, a bill to give the tax collector the same limited subpoena power as is given 
the tax supervisor. 

Referred to Judiciary I Committee. 



February 19, 1987 



42 SENATE JOURNAL [Session 

By Senator Johnson of Cabarrus: 

S.B. 44, a bill to provide for the removal of elected officials after conviction of 
certain offenses. 

Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 45, a bill to facilitate the exchange of information by the Department of Reve- 
nue and local tax officials. 

Referred to Finance Committee. 

By Senators Tally, Conder, Hipps, Parnell, Plyler, Speed, Taft, Walker, and 
Ward: 

S.B. 46, a bill to amend the powers of the Radiation Protection Commission to 
provide for the development and adoption of criteria and standards for low-level radio- 
active waste facilities. 

Referred to Environment Committee. 

By Senators Tally, Conder, Hipps, Parnell, Plyler, Speed, Taft, Walker, and 
Ward: 

S.B. 47, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. 

Referred to Environment Committee. 

By Senators Tally, Conder, Hipps, Parnell, Plyler, Speed, Taft, Walker, and 
Ward: 

S.B. 48, a bill to prohibit shallow land burial of radioactive waste and to require 
engineered barriers at any near-surface disposal facility. 
Referred to Environment Committee. 

By Senators Tally, Conder, Hipps, Parnell, Plyler, Speed, Taft, Walker, and 
Ward: 

S.B. 49, a bill to suspend the issuance of any license for a commercial low-level 
radioactive waste facility. 

Referred to Environment Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the Act for some persons or companies provid- 
ing services to the State or local governments, as amended, with Amendment No. 2 
pending, upon third reading. 

Without objection. Senator Swain withdraws Amendment No. 2. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Daniel, the Senate adjourns 
to meet tomorrow at 9:00 A.M. 



February 19, 1987 



1987] SENATE JOURNAL 43 

^-r^-^f.'r --;:-■ y/^^.:. .w.-^^' ^ TENTH DAY -■ ^ 

-i,:'^n.?r: .i; . - ;• '*• ,; •;,;;■•.'■„ ■.,.',. ' ■ - '■ 

Senate Chamber, 

Friday, February 20, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Paul Leeland, Saint Andrews United Methodist 
Church, Garner, as follows: 

"Almighty God, for the responsibilities of this day, we pray for wisdom to discern 
the signs of the times that we may indeed know what God's spiritual Israel ought to 
do. Keep us ever from confusing our own selfish desires and ambitions with the will of 
the Lord. God forbid that we should identify the progress of Thy Kingdom with the 
maintenance of institutions which violate the spirit of Thy gospel or with the progress 
of social panaceas which are only time serving. Help us to give ourselves to the things 
that are eternal and to be concerned about those things that will last when we are 
gone. AMEN." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Staton for today due to illness. 

The President recognizes the following pages serving in the Senate this week: Beth 
Andrews, Wake Forest; Sarah Banks, Jacksonville; Scott Brown, Rocky Mount; Greg 
Clark, Cary; William Creech, Raleigh; Anisa Edge, Fayetteville; Al Jones, Wake 
Forest; Joe Reigher, Cary. 

Senator Marvin announces that Senator William W. Redman, Jr. has received the 
Lief Valand Award for Outstanding Service to Mental Health. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Parnell, Guy, Hardison, Martin of Guilford, Marvin, Speed, and 
Swain: 

S.B. 50, a bill to appropriate funds to provide additional parole personnel. 
Referred to Appropriations Committee. 

By Senators Winner, Barnes, Ezzell, Goldston, Hardison, Hipps, Hunt of Moore, 
Johnson of Wake, Martin of Guilford, Marvin, Parnell, Rauch, Royall, Seymour, 
Sherron, Soles, Swain, Taft, Tally, Walker, Ward, and Warren: 

S.B. 51, a bill to structure individual income tax as a percentage of federal taxable 
income. 

Referred to Finance Committee. 

By Senators Hardison, and Smith: 

S.J.R. 52, a joint resolution providing for joint sessions of the Senate Committee 
on Commerce and the House Committee on Public Utilities to review the Governor's 
appointment to the Utilities Commission and providing for a joint session or sessions 



February 20, 1987 



44 SENATE JOURNAL [Session 

of the Senate and the House of Representatives to act on confirmation of the appoint- 
ment made by the Governor to membership on the North Carohna Utilities Commis- 
sion. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Barnes: 

S.B. 53, a bill to authorize the Greene County Committee of 100 to use previously 
appropriated funds to construct a building for industrial development rather than for 
mass gatherings. 

Referred to Appropriations Committee. 

MINORITY LEADER 

The President directs the Reading Clerk to read the following: 

North Carolina General Assembly 

Senate Chamber 
State Legislative Building 

Raleigh 27611 ' '^" '^ -^r.^ 

^ <',yy-- '''^-.r ■:■'■- n^^ February 1 8 , 1987 

Lt. Governor Robert B. Jordan III ' ' 

President of the Senate 

Legislative Office Building 

Raleigh, North Carolina 27611 :. : > r 

Dear Lt. Governor Jordan: -^-iv 

Effective February 18, 1987, Senator Laurence A. Cobb will be the Minority Leader 
of the North Carolina Senate per election held during the Minority Caucus on February 
16, 1987. 

All other Minority officers remain in effect. ' i; w , < ■ 

Sincerely, ■v,-;;. .;— •. . -i ^ -> ', ; ? "'v*^..* 

s/Bill Redman 

The President recognizes Senator Cobb who speaks briefly. 

On motion of Senator Harrington, seconded by Senator Barker, the Senate adjourns 
to meet Monday at 7:30 P.M. 



■^:;r. 



ELEVENTH DAY 



Senate Chamber, 

Monday, February 23, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Michael W. Safley, Associate Director of the 
Conference Council on Ministries of the North Carolina Conference of the United 
Methodist Church, Raleigh, as follows: 

"Dear Lord — Creator, Sustainer, and Redeemer of our world, we give You thanks 
for the North Carolina State Senate. We thank You for a weekend of rest, a safe 



February 23, 1987 



1987] SENATE JOURNAL 45 

journey, and now, being refreshed, we thank You for the opportunity of service to the 
citizens of our great State. 

"Lord, we thank You for all the dedicated Senators, their families and staff that 
work unselfishly for all of us. 

"As we begin a new week, give us keen insight, wisdom, and sensitivity that will 
enable us to make the best decisions. Give us strength, perseverance, stamina and 
patience for the arduous tasks and long hours. 

"At all times. Lord, allow us to see each problem — each challenge as exciting op- 
portunities of service. 

"Help us to keep focused on the right priorities to make appropriate decisions that 
will benefit children, youth, adults, and the elderly — all sexes, all races, all nationali- 
ties and persons living in all conditions, so enabling them to become whole persons. 
The task may seem impossible — but with You, all things are possible. Guide us and 
bless us. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Hipps, Kaplan, and Winner for 
tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hunt of Moore, Guy, Harrington, Plyler, Richardson, Royall, and 
Walker: 

S. J.R. 54, a joint resolution to continue the work of the Legislative Research Com- 
mission's Study of the Problems of Aging. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Sands, Barker, Block, Daniel, Swain, and Winner: 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval. 
Referred to Judiciary III Committee. 

By Senators Hunt of Moore, Allran, Barnes, Goldston, Harris, Rand, Rauch, Red- 
man, Richardson, Tally, Ward, Warren, and Winner: 

S.B. 56, a bill to establish the North Carolina Alzheimer's Disease and Related 
Disorders Study Commission. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Hunt of Moore, Allran, Barnes, Goldston, Guy, Hardison, Har- 
rington, Harris, Hipps, Johnson of Wake, Plyler, Rand, Rauch, Redman, 
Richardson, Royall, Seymour, Tally, Walker, Ward, Warren, and Winner: 

S.B. 57, a bill to appropriate funds for the North Carolina Senior Games Program. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore, Allran, Barnes, Goldston, Guy, Hardison, Har- 
rington, Harris, Hipps, Johnson of Wake, Plyler, Rand, Rauch, Redman, 
Richardson, Seymour, Tally, Walker, Ward, Warren, and Winner: 

S.B. 58, a bill to provide for an Elderly and Handicapped Transportation Assis- 
tance Program to be administered by the Department of Transportation. 
Referred to Veterans Affairs and Senior Citizens. 



February 23, 1987 



46 SENATE JOURNAL [Session 

By Senators Richardson and Hunt of Moore: 

S.B. 59, a bill to permit those elderly or disabled individuals whose residence quali- 
fies for the "Homestead Exemption" to defer payment of tax on this property until the 
property is transferred. 

Referred to Finance Committee. 

By Senator Thomas: 

S.B. 60, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund. 
Referred to Manufacturing and Labor Committee. 

By Senators Speed, Guy, Royall, and Hardison: 

S.J.R. 61, a joint resolution honoring the life and memory of L.A. "Speed" Riggs. 

On motion of Senator Speed, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

The President recognizes the following pages serving in the Senate this week: Mary 
Elizabeth Cook, Raleigh; Jeff Cope, Sanford; Joseph B. Eggleston, Jr., Raleigh; 
Frances Harlow, Rocky Mount; Pam Hunt, Raleigh; April Dawn Jacumin, Hil- 
debran; Amy Lee Johnson, Wilmington; Marilee Johnson, Dunn; Aimee LeAnne 
Lawrence, Macclesfield; Pamela Jane Lepley, Dallas; Dionne Loy, Asheboro; Tanya 
Moore, Raleigh; Fred Julius (Jule) Smith, Clayton; Randall Trey Stewart, Rocky 
Mount; Leigha Stiff el, Lexington. 

On motion of Senator Harrington, seconded by Senator Johnson of Cabarrus, the 
Senate adjourns to meet tomorrow at 1:30 P.M. 



TWELFTH DAY 



'.''"*'■'■'"' V^i" ■■'■'■ ■'>'•■■' Senate Chamber, ''"■■'• ■■■ ^... 

Tuesday, February 24, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
J. J. Harrington, President Pro Tempore. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of the Nations, we thank Thee for the high and holy privilege of serving the 
people of this great State in this political arena, and we pray for Thy guidance as we 
deliberate the course which our State will take. 

"Like Solomon, we ask for wisdom to discern from among the clamor of constitu- 
ents and political parties, friends and foes, lobbyists and special interest groups, the 
path which is the best for our State. 

"And once we have determined in our heart of hearts, the course which we feel is 
most honorable and just, then we ask for courage to make the decisions, even if they 
are hard decisions, which we think are for the best interest of all the citizens of our 
State. 

"Grant us these gifts and graces, we pray, and then our activities here will be seen, 
not as the action of petty politicians, but as the deliberations of civic-minded public 
officials, who will have won the respect and appreciation of the people they serve. 
Amen." 



February 24. 1987 



1987] SENATE JOURNAL 47 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee. 

S.B. 6, a bill to expand the Alexander County Board of Commissioners from three 
to five members, with a favorable report. 

S.B. 24, a bill authorizing the Salisbury City Council to convey certain real prop- 
erty, with a favorable report. 

S.B. 28, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Royall, Plyler, Taft, Sherron, Daniel, Goldston, Hardison, Harris, 
Kincaid, Martin of Pitt, Marvin, McDuffie, Rauch, Seymour, Simpson, Smith, 
Ward, and Warren: 

S.B. 62, a bill to establish and maintain a Depository Library System for publica- 
tions of North Carolina State Government. 

Referred to State Government Committee. 

On motion of Senator Royall, seconded by Senator Guy, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



THIRTEENTH DAY 



Senate Chamber, 

Wednesday, February 25, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Richard Howie, Minister of Leaksville United 
Methodist Church, Eden, as follows: 

"From the sandy beaches of Manteo to the lofty peaks of Murphy we have assem- 
bled here, O God, to proceed with government of the people, by the people, and for 
the people. We do so in a spirit of gratitude for those in the past and these in the 
present who have answered the call to this high level of public service. We thank You 
for the people they represent and for their commitment to making our great State a 
land of promise and progress. 

"We offer up our prayers for all branches of our State government during these diffi- 
cult but challenging times. Empower them with the wisdom and courage they need as 



February 25, 1987 



48 SENATE JOURNAL [Session 

they strive to be our servants rather than our masters. As they focus their attention on 
the critical issues that are before them, help them to make decisions on the basis of 
what is right rather than what is popular; on what is in the best interest of all our 
citizens rather than the few. And when the gavel has sounded to close this Session, 
and the last 'ayes' and 'nays' have been heard, give them a sense of assurance that 
they have been true to our motto that calls us 'To Be Rather Than To Seem.' 

"For it is in the Name of the only wise God, to Whom be glory forevermore, that we 
pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Johnson of Cabarrus and Sher- 
ron for today. 

The President of the Senate grants courtesies of the floor to J. Yates Bailey, former 
Senator from Yancey County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

S.B. 19, a bill to permit alcoholic beverage licensees who are required to furnish a 
bond to pledge government bonds as collateral rather than obtain a bond from a corpo- 
rate surety, with a favorable report. 

S.B. 42, a bill to permit ABC Boards in Cleveland County to contract for law en- 
forcement, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Conder, Goldston, Hipps, Kaplan, Martin of Guilford, 
McDuffie, Rand, Royall, Seymour, Smith, and Taft: 

S.B. 63, a bill to establish the Legislative Commission on Regional Growth Trends 
and Development Issues. 

Referred to Economic Growth Committee. 

By Senator Ezzell: 

S.B. 64, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senators Barnes, Block, Ezzell, Hipps, Hunt of Moore, Johnson of Pitt, Martin 
of Guilford, Rand, Richardson, Sands, Simpson, Soles, Somers, Staton, Swain, Taft, 
Tally, Walker, and Winner: 

S.B. 65, a bill to adopt a comparative fault system and make it inapplicable to 
State torts. 

Senator Barnes rises to a point of parliamentary inquiry as follows: "Mr. President, 
if a person introduces a bill at this point in time, can the bill be withdrawn at this time 



February 25, 1987 



1987] SENATE JOURNAL 49 

or held without being read or introduced from the floor? Can it be held as intror 
duced?" 

The Chair rules that the Senator may make a motion that the bills be held as filed. 

Senator Barnes offers a motion to the end that S.B. 65, a bill to adopt a compara- 
tive fault system and make it inapplicable to State torts and S.B. 66, filed for intro- 
duction, be held as filed. 

Following debate, Senator Barnes offers a substitute motion that the bills be com- 
mitted to the Judiciary I Committee. 

The Chair rules as follows: "... that the second motion, the substitute motion, 
which is the motion to send the bills to a committee is an opposite motion of the 
motion to hold as filed, which is to not send the bills to committee. So the Chair 
would rule that the first motion is before you, that is, the motion to hold the bills as 
filed." 

The motion offered by Senator Barnes prevails (electronically recorded) . 

The Chair orders the bill held as filed. 

By Senator Barnes: 

S.B. 66, a bill to adopt a comparative fault system for State torts, filed for intro- 
duction. 

Pursuant to the motion heretofore offered by Senator Barnes, the bill is ordered held 
as filed and is not read the first time. 

By Senators Hunt of Moore, Walker, and Harris: 

S.J.R. 67, a joint resolution honoring the life and memory of William Preston 
Saunders. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Roy all: • ,- 

S.B. 68, a bill to change the Senate membership of the Committee on Employee 
Hospital and Medical Benefits. 

Referred to Pensions and Retirement Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.J.R. 62, a joint resolution declaring February 28, 1987, to be "Mary Lyon Day" 
in honor of the birth of Mary Lyon, the founder of Mount Holyoke College and 
Wheaton College. 

On motion of Senator Hipps, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution, passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

H.J.R. 65, a joint resolution providing for joint sessions of the Senate Committee 
on Commerce and the House Committee on Pubhc Utilities to review the Governor's 
appointment to the Utilities Commission and providing for a Joint Session or Sessions 
of the Senate and the House of Representatives to act on confirmation of the appoint- 
ment made by the Governor to membership on the North Carolina Utilities Commis- 
sion. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



February 25, 1987 



50 SENATE JOURNAL [Session 

S.B. 6, a bill to expand the Alexander County Board of Commissioners from three 
to five members. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 24, a bill authorizing the Salisbury City Council to convey certain real prop- 
erty. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 28, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality. 

On motion of Senator Ezzell, the bill is re-referred to the Judiciary I Commit- 
tee. 

On motion of Senator Harrington, seconded by Senator Somers, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



FOURTEENTH DAY 



Senate Chamber, 

Thursday, February 26, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, we confess that already we feel the pressure mounting on us. In 
addition to our family and business responsibilities, we are bombarded with calls from 
constituents and lobbyists, we are overwhelmed with endless breakfast and dinner invi- 
tations, and we are weary at the thought of the many committee meetings and sessions 
of this Body that lie before us between now and the summer. 

"We wonder how we will make it through this week, much less throughout this Ses- 
sion of the General Assembly. Then we recall the words of the prophet Isaiah, 'Even 
youths shall faint and be weary, and young men shall fall exhausted; But they that 
wait upon the Lord shall renew their strength; they shall mount up wings like eagles; 
they shall run and not be weary; and they shall walk and not faint. ' 

"O God of Strength, deliver us from the temptation to seek to meet all the challenges 
of life alone. In the rush of this and every week, cause us to pause and wait upon 
Thee. Grant us a quiet time each day with Thee, help us to find a time of spiritual 
renewal each week-end in Your house, and thus renew our strength that we might 
face creatively and victoriously the pressure and the opportunities of this and every 
day. Amen.*' 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Royall, who is attending the Na- 
tional Conference of State Legislatures Leader-to-Leader Meeting in Washington, D. 
C. , and to Senators Seymour, and Staton for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



February 26, 1987 



1987] SENATE JOURNAL 51 

By Senator Martin of Pitt for the Manufacturing and Labor Committee: 

S.B. 60, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund, with a favorable report. 

On motion of Senator Martin of Pitt, the bill is re-referred to the Finance Com- 
mittee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.J.R. 62, a joint resolution declaring February 28, 1987, to be "Mary Lyon Day" 
in honor of the birth of Mary Lyon, the founder of Mount Holyoke College and 
Wheaton College. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas, Barker, Basnight, Hipps, Swain, and Winner: 

S.B. 69, a bill to create and fund a secondary road equalization fund. 
Referred to Transportation Committee. 

By Senators Thomas and Hipps: 

S.B. 70, a bill to appropriate funds to build a welcome center on Highway 441 
between the Town of Franklin and the Georgia State Line. 
Referred to Appropriations Committee. 

By Senator Kincaid: ' 

S.B. 71, a bill to direct local school systems to either use textbook damage fees to 
rebind damaged textbooks or remit the funds to the State Board of Education. 
Referred to Education Committee. 

By Senator Barker: 

S.B. 72, a bill to appropriate funds for acquisition of additional land for the State 
Port at Morehead City, and for engineering and planning purposes. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Daniel, Goldston, Har- 
rington, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Pitt, Marvin, 
Parnell, Plyler, Rauch, Richardson, Roy all, Swain, Taft, Tally, Walker, Ward, War- 
ren, and Winner: 

S.B. 73, a bill to transfer funds for Health Systems Agencies. 
Referred to Appropriations Committee. 

By Senators Plyler, Barker, Conder, Martin of Pitt, Rand, Royall, and Taft: 

S.B. 74, a bill to appropriate funds for a geography based curriculum program in 
the public schools. 

Referred to Higher Education Committee. 

By Senator Thomas: 

S.B. 75, a bill to allow all State and local law enforcement officers to communicate 
in times of emergency. 

Referred to Judiciary I Committee. 



February 26, 1987 



m ■ SENATE JOURNAL [Session 

By Senator Barnes: 

S.B. 76, a bill to appropriate funds to the Department of Correction to renovate a 
building at Cherry Hospital for use as a prison unit. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S.B. 77, a bill to amend Chapter 557 of the 1985 Session Laws relating to 
Winston-Salem uptown development projects. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Speed, Hunt of Moore, and Harris: 

S.B. 78, a bill to require adequate disclosure by continuing care facilities. 
Referred to Human Resources Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 42, a bill to permit ABC Boards in Cleveland County to contract for law en- 
forcement. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 19, a bill to permit alcoholic beverage licensees who are required to furnish a 
bond to pledge government bonds as collateral rather than obtain a bond from a corpo- 
rate surety, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, 
Redman, Richardson, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner-45. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

APPOINTMENT OF COMMITTEES 

The President of the Senate announces the following changes in Committee appoint- 
ments to standing committees: 

AGRICULTURE COMMITTEE: Senator Sherron is appointed. 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: Senator 
Guy is appointed. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 
COMMITTEE: Senator Guy is removed and Senator Speed is appointed. 

ECONOMIC GROWTH COMMITTEE: Senator Walker is appointed. 

ENVIRONMENT COMMITTEE: Senator Warren is removed. 

HUMAN RESOURCES COMMITTEE: Senator Basnight is appointed. 

PENSIONS AND RETIREMENT COMMITTEE: Senator Rauch is ap- 
pointed. 



February 26, 1987 



1987] SENATE JOURNAL 53 

APPOINTMENTS BY THE LIEUTENANT GOVERNOR 

The Lieutenant Governor, President of the Senate, announces the following ap- 
pointments: 

ADVISORY BUDGET COMMISSION (G.S. 143-4): Senators Hardison, 
Martin of Guilford, Roy all, Thomas, and Warren. 

CAPITAL PLANNING COMMISSION (G.S. 143B-374): Senators Goldston, 
Hunt of Moore, Plyler, and Warren. 

EMPLOYEE HOSPITAL AND MEDICAL BENEFITS COMMITTEE 

(G.S. 135-88): Senators Plyler, Harrington, Rand, Rauch, and Royall. 

LEGISLATIVE ETHICS COMMITTEE (G.S. 120-99): Senators Winner 
(Chairman), Allran, Barnes, Smith, and Walker. 

On motion of Senator Harrington, seconded by Senator McDuffie, the Senate ad- 
journs to meet tomorrow at 9:30 A.M. 



- FIFTEENTH DAY 

Senate Chamber, 

Friday, February 27, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
J.J Harrington, President Pro Tempore. 

Prayer is offered by the Reverend W. Allen Wentz, Pastor of Trinity United Meth- 
odist Church, Raleigh, as follows: 

"O Lord our God, our Creator and the Maker of all that is about us in this wide 
wonderful world, we thank You for air, sunshine, clouds, trees, flowers, streams, 
rivers, and the variety of animals that live with us on this bright blue-green planet 
suspended in space by Your hand. We praise Your Holy Name, O God, for this gift of 
life, both in us and about us. Forbid us. Lord, that we should walk through this 
beautiful world of Yours with no sense of smell, sight, hearing, touch or taste. In this 
very building, we work amidst the beauteous bounty of Your creation; as we enjoy 
them we also give thanks for them. 

"O Lord, we pray for these elected representatives of the people of North Carolina, 
they are Your people too, human beings, who have had placed upon them a heavy 
burden of responsibility. Enable them to be true and humble servants of the people 
and wise stewards of this world's resources. Guide us all and these Senators into right 
decisions for the people of North Carolina and our environment. Make us all so grate- 
ful for the bounties we enjoy that we all shall endeavor, by Your help, to deserve them 
more. Bless, O Lord, these Senators and this day of work, and where they are wrong, 
make them willing to change and where they are right, make them easy to live with. 
For all this, we pray in the Name of Christ, even Jesus our Lord. Amen." 

Senator Guy for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President Pro Tempore grants leaves of absence to Senators Hunt of Durham, 
Johnson of Wake, Royall, Seymour, Tally, and Staton for today. 



February 27, 1987 



54 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kincaid: 

S.B. 79, a bill to change the candidate filing period for the Caldwell County Board 
of Education. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Thomas: 

S.B. 80, a bill to address the capital needs of the Office of Administrative Hearings 
and to modify and expand the distribution by that office of the North Carolina Register 
and other documents. 

Referred to Appropriations Committee. 

By Senator Redman: ^ ^ '^- > '^^ 

S.B. 81, a bill to make school dropouts ineligible for drivers licenses. 
Referred to Education Committee. 

By Senators Harrington, Barker, Daniel, Hardison, Parnell, and Plyler: 

S.B. 82, a bil? to establish the Business License Information Office. 
Referred to State Government Committee. 

By Senator Smith: 

S.B. 83, a bill to amend the Charter of the Town of Landis to implement the coun- 
cil-manager form of government. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Kincaid and Simpson: 

S.B. 84, a bill to authorize loans and grants to units of government for construction 
and improvement of waste water treatment, water supply, and sohd waste manage- 
ment systems. 

Referred to Environment Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 19, a bill to permit alcoholic beverage licensees who are required to furnish a 
bond to pledge government bonds as collateral rather than obtain a bond from a corpo- 
rate surety, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt of Moore, 
Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Redman, Richardson, Sands, Shaw, Sherron, Smith, Speed, 
Swain, Taft, Thomas, Walker, Ward, Warren, and Winner~37. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

RECOMMITTANCE 

S.B. 28, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality. 



February 27, 1987 



1987] SENATE JOURNAL 55 

On motion of Senator Barnes the rules are suspended and the bill is taken from the 
Judiciary I Committee and recommitted to the Local Government and Re- 
gional Affairs I Committee. 

, ESCORT COMMITTEE 

The President Pro Tempore orders a Special Message sent to the House of Repre- 
sentatives informing that Honorable Body that pursuant to S.J.R. 12, a joint resolu- 
tion inviting the Honorable Martha Layne Collins, Governor of Kentucky, and the 
Honorable William F. Winter, former Governor of Mississippi, to address a joint ses- 
sion of the Senate and House of Representatives at 7:00 o'clock P.M. Monday, 
March 2, 1987, that Senators Royall and Tally are appointed to escort Governor Col- 
lins and Senators Rand and Staton are appointed to escort former Governor Winter 
along with a like Committee of the House of Representatives. 

On motion of Senator Guy, seconded by Senator Basnight, the Senate adjourns to 
meet Monday at 6:30 P.M. 



SIXTEENTH DAY 

,: " Senate Chamber, 

Monday, March 2, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Dennis P. Levin, Pastor, Bailey United Methodist 
Church, Raleigh, as follows: 

"O God of Peace, help us to order our society so that people of many backgrounds 
will live at peace with one another. 

"O God of Justice, help us to protect the innocent and bind their wounds; to stand 
firm against those who are a law unto themselves. Remind us that we are responsible 
for the things that we condone. 

"O God of Rich Blessings, teach us responsibility with the resources You entrust to 
our care. Help us to be mindful of Your love for those least able to care for themselves 
and to address their needs with generosity and fairness. 

"O God of Love, remind us that no program or law is more important than the spirit 
in which it is conceived and carried out. May the ladies and gentlemen of this Body be 
noble and gracious so that the laws they enact will reflect care and consideration and 
maintain the respect of the people of this great State. 

"These things we pray in Thy Holy Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 12 House of Representatives 

Date: March 2, 1987 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information pur- 
suant to S.J.R. 12, "A JOINT RESOLUTION INVITING THE HONORABLE 



March 2, 1987 



56 SENATE JOURNAL [Session 

MARTHA LAYNE COLLINS, GOVERNOR OF KENTUCKY, AND THE HON- 
ORABLE WILLIAM F. WINTER, FORMER GOVERNOR OF MISSISSIPPI, TO 
ADDRESS A JOINT SESSION OF THE SENATE AND HOUSE OF REPRESEN- 
TATIVES AT 7:00 O'CLOCK P.M. MONDAY, MARCH 2, 1987," the Speaker 
has appointed the following members of the House of Representatives to serve with a 
like Committee of the Senate to escort the Governors to the Joint Session. 

Representative Jack Hunt and Representative Dan Blue to escort The Honorable 
William F. Winter and Representative Jo Foster and Representative Al Lineberry to 
escort The Honorable Martha Layne Collins. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The President recognizes the following pages serving in the Senate this week: 
Thomas White Archie, Raleigh; Susan V. Bradley, Tarboro; Noel Butler, Hamlet; 
Laura Carter, Henderson; Elizabeth Anne Ellis, Laurinburg; Michael Owen Fer- 
guson, Raleigh; Michelle Lane Festerman, Reidsville; Jennifer Foster, Hatteras; 
Melissa B. Getz, Jacksonville; Letita Holt, Reidsville; Tommy McAlhster, Jackson- 
ville; Shannon Grey Nichols, Durham; Douglas Killian Norvell, Eden; Whitney Rich, 
New Bern; Elizabeth Marion Thomas, Winston-Salem; Manu Verma, Fayetteville; 
Jennifer Lynne Wheeler, Charlotte; Jennifer Blair Wilson, Madison; Frank Wrenn, 
Oxford. 

INTRODUCTION OF BILLS AND RESOLUTIONS - 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Smith: ,.r''' <^r;.„vn5'i:u;':, l-^^, \^.'l^^, y.i[ .-■,;.-:■"■;■',.. 

S.B. 85, a bill to authorize the City of Lexington to purchase natural gas by using 
informal bid procedures. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Allran: 

S.B. 86, a bill to appropriate funds for art facilities in Catawaba County. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act. 

Referred to Judiciary IV Committee. 

H.B. 19, a bill to allow the Town of Kenansville, the County of Duplin, and the 
Duplin County Board of Education to lease certain property to the Duplin County 
Agri-Business Council, Inc., for the purpose of creating an agricultural display area 
and livestock arena. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 38, a bill to abohsh the Kannapolis Street Planning Board, and delete a statu- 
tory reference to that Board. 

Referred to Local Government and Regional Affairs II Committee. 



March 2, 1987 



1987] SENATE JOURNAL 57 

H.B. 45, a bill to allow even-year elections for some multi-county sanitary dis- 
tricts. 

Referred to Election Laws Committee. 

H.B. 46, a bill to correct a typographical error in the ABC laws. 
Referred to Alcoholic Beverage Control Committee. 

H.B. 48, a bill to provide for the stabilization of the prison population. 
Referred to Judiciary HI Committee. 

H.B. 51, a bill to expand the Alexander County Board of Commissioners from 
three to five members. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 64, a bill to validate a conveyance by Tyrrell County to the Tyrrell County 
Rural Health Association, Inc. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 70, a bill to correct the effective date of the North Carolina Therapeutic Rec- 
reation Personnel Certification Act. 

Referred to State Government Committee. 

H.B. 71, a bill to establish the Legislative Committee on New Licensing Boards 
and a review process for the creation of occupational and professional licensing 
boards. 

Referred to State Government Committee. 

H.B. 74, a bill to increase the membership of the Town of Maxton ABC Board to 
four members and to provide for the appointment of the new member. 
Referred to Alcoholic Beverage Control Committee. 

H.B. 82, a bill to allow the Town of Navassa to engage in community development 
activities with federal funds within Brunswick County. 

Referred to Local Government and Regional Affairs I Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 12 House of Representatives 

March 2, 1987 

Mr. President: 

Pursuant to Senate Joint Resolution 12, A JOINT RESOLUTION INVITING THE 
HONORABLE MARTHA LAYNE COLLINS, GOVERNOR OF KENTUCKY, AND 
THE HONORABLE WILLIAM F. WINTER, FORMER GOVERNOR OF MISSIS- 
SIPPI, TO ADDRESS A JOINT SESSION OF THE SENATE AND HOUSE OF 
REPRESENTATIVES AT 7:00 O'CLOCK P.M. MONDAY, MARCH 2, 1987 the 
House of Representatives stands ready to receive you in Joint Session for the purpose 
of hearing a report of the Commission on the Future of the South given by Governor 
William F. Winter, former Governor of Mississippi, and an address by the Honorable 
Martha Layne Collins, Governor of Kentucky. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Pursuant to S.J.R. 12, a joint resolution inviting the Honorable Martha Layne Col- 
lins, Governor of Kentucky, and the Honorable William F. Winter, former Governor 



March 2, 1987 



58 SENATE JOURNAL [Session 

of Mississippi, to address a joint session of the Senate and House of Representatives at 
7:00 o'clock P.M. Monday, March 2, 1987, the President orders a special message 
sent to the House of Representatives informing that Honorable Body that the Senate 
stands ready to repair to the Hall of the House, there to sit in Joint Session with that 
Honorable Body for the purpose of receiving The Southern Growth Policies Board's 
Report of the 1986 Commission on the Future of the South to be presented by the 
Honorable Martha Layne Collins, Governor of Kentucky and the Honorable William 
F. Winter, former Governor of Mississippi. 

On motion of Senator Harrington, seconded by Senator Cobb, the Senate recesses 
to meet in Joint Session with the House of Representatives for the purpose of receiving 
the Report of the Commission on the Future of the South presented by Governor Col- 
lins and former Governor Winter, and upon his further motion, upon dissolution of the 
Joint Session to stand adjourned to meet tomorrow, Tuesday, March 3, at 1:30 P.M. 

Pursuant to the motion of Senator Harrington, the Senate preceded by its officers, 
repairs to the Hall of the House, there to sit in Joint Session with that Honorable Body 
for the purpose of receiving the Report. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 

The Joint Session is called to order by the Lieutenant Governor, Robert B. Jordan 
III. 

The President recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Honorable William F. Winter, former Governor of 
the State of Mississippi. The Sergeant-at-Arms and the Committee appointed by the 
President of the Senate and the Speaker of the House of Representatives escort the 
former Governor to the Well of the House. 

Senator Staton presents the Honorable William F. Winter, former Governor of Mis- 
sissippi to the President of the Senate who welcomes him to the Joint Session. 

The President recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of Her Excellency the Governor of the Commonwealth of 
Kentucky, the Honorable Martha Layne Collins. The Sergeant-at-Arms and the 
Committees appointed by the President of the Senate and the Speaker of the House of 
Representatives escort the Governor to the Well of the House. 

Senator Royall presents her Excellency, the Governor of the Commonwealth of Ken- 
tucky, the Honorable Martha Layne Collins, to the President of the Senate who wel- 
comes her to the Joint Session. 

On motion of Senator Staton the remarks of the Governors are spread upon the 
Journal as follows: 

REMARKS OF LIEUTENANT GOVERNOR JORDAN 

"It is a particular honor for this General Assembly to have with us tonight two of the 
nation's leaders in seeing that our country mobilizes its resources and people to secure 
the future. 

"It was only a few years ago that the South lagged behind the rest of the nation in 
the educational attainment of our children and the economic opportunities available to 
our people. 

"But that has changed with the aggressive leadership of Governors and Legislatures 
willing to take risks to move their states forward. Two of the leaders in our efforts for 
better schools and better economic opportunities are with us tonight: William Winter 
of Mississippi and Martha Layne Collins of Kentucky. 

"Both of them were Lieutenant Governor before being elected Governor, and both of 
them succeeded in strengthening their states' education ethic by helping their states 



March 2, 1987 



1987] SENATE JOURNAL 59 

understand the ever-closing link between economic development and educating our 
citizens. 

"Our first speaker is well known to this General Assembly as one of the most pro- 
gressive governors the South has had in its recent history. Currently, he balances his 
jobs as the senior partner in a distinguished law firm in Jackson with farming in his 
native community of Grenada. But since his term as governor expired in 1984, Wil- 
liam Winter has become more than a citizen of Mississippi. 

"He has become a leader of the South. He has been chairman of the Southern 
Growth Policies Board, Southern Regional Education Board, Appalachian Regional 
Commission, and Southern Regional Education Board's Commission on Quality in 
Education. 

"But most important for our purposes tonight. Governor Winter was Chairman of 
the Commission on the Future of the South, and Chairman of the MDC panel which 
produced SHADOWS IN THE SUNBELT. The Commission was composed of twenty 
of the South' s most distinguished citizens. It included Dr. Bob Albright and Repre- 
sentative Betsy Cochrane from North Carolina. 

"Its report, HALFWAY HOME AND A LONG WAY TO GO, was written by North 
Carolina's own Doris Betts, one of our State's finest novelists. Here to tell us about it 
is its architect, one of the most consistent and eloquent spokesmen for a revitalized 
Southern economy, the Honorable William Winter." 

REMARKS OF FORMER GOVERNOR WINTER 

"It is almost like carrying coals to Newcastle to come to North Carolina to talk 
about new ideas and new strategies. For this is the State where so much of the suc- 
cessful effort in charting progressive educational and economic programs began. I 
think of Governor Luther Hodges and his concept of the Research Triangle carried to 
fruition by Governor Terry Sanford who put North Carolina years ahead of the rest of 
the South with an educational program that is just now being copied by some of the 
rest of us. This is where the idea of the Southern Growth Policies Board was advanced 
and where it was first organized. 

"And while our Commission on the Future of the South was working last year to 
chart a course for the region, you were putting in place for this State your own strate- 
gies in your Commission on Jobs and Economic Growth under the leadership of Gover- 
nor Jordan. I am particularly impressed with the recommendation for a North Caro- 
lina Rural Economic Development Center. That is the kind of innovation that will 
again have this state pointing the way to the solution of the problems of the region. 

"It, of course, has been to try to address some of those problems that the Commis- 
sion on the Future of the South was organized last year. I want to take a few minutes 
to give you a little of the background of our report. It was prepared against the back- 
ground of serious structural changes in the South. 

"Let us look for a moment at what has been happening during the 1980's. There 
has been a major shifting of public initiative from the federal government to the states 
and local subdivisions. There has been spotty economic growth that has adversely 
affected most rural areas. The farm economy, the energy economy, and the labor-in- 
tensive manufacturing economy have been having serious problems. The competition 
for business and for jobs has now moved to the Pacific Rim and Latin America. There 
is now a realization that only a continuing major investment in education is going to 
create the productive capacity that we need. And finally, there is the understanding 
that if we make it, we must make it together — black and white, rural and urban, rich 
and poor — that we are increasingly interdependent and that none of us can really get 
ahead unless we all get ahead. 



March 2, 1987 



60 . SENATE JOURNAL [Session 

"That is what this Report on the Future of the South is all about. It is not just a 
grab-bag of desirable alternatives. It is a statement of mandatory objectives which 
must be achieved ultimately if the South as a region is ever going to attain parity with 
the rest of the country. Because we do not have as much catching-up time as we did 
before, there is an urgency about the Report that we cannot ignore. That is why I 
hope you will respond to the call for specific constructive action that this Report pre- 
sents. 

"Let me say a word about our Commission. Representing leadership from every 
aspect of our region, the members brought a unique combination of ideas out of their 
own experience in government, in business, in education, and in journalism. 

"The Commission identified three major work areas: human resource development, 
technology and innovation with special emphasis on global challenges, and govern- 
ment structure and fiscal capacity. There then followed what was the most systematic 
assembling of information about the region that has been undertaken in recent years 

— maybe even for the first time ever. 

"It was the feeling of the Commission that the structural changes that are taking 
place in the Southern economy today are so pervasive and far-reaching that only a 
massive unified strategy will be adequate to cope with our problems. 

"We do not overstate that case when we insist that we are at a crossroads, and the 
direction we take or fail to take at this time can well prove to be irreversible in the 
future. Actually, the choices are rather clear. There should be little argument about 
their validity. The costs, however, will be considerable. I so not necessarily mean 
costs just in financial terms, although it would be naive to suggest that we can avoid 
substantial additional public and private investments. What may well be more difficult 
for us, however, is the giving up of some of our old ways of doing things — in the 
running of our educational systems, in our economic development strategies, in our 
relationship to each other in the region, and to the rest of the world, in our parochial 
concerns over status and authority and turf, in the way we administer state and local 
governments. 

"Nobody, least of all the members of the Commission, has said that it would be 
easy. We do, however, say that it is possible — politically possible and economically 
possible — to do everything that this Commission has recommended doing. These are 
not far-fetched, pie-in-the-sky fantasies. These are hard-nosed, no-nonsense pro- 
grams that will move us to where we need to go. And we say that unless we take 
forthright, good-faith, action to carry out these recommendations, we shall relegate 
our region, or at least several million people of our region, to perhaps another hundred 
years of missed opportunity and unrealized goals. 

"I would assume that you feel, as I do, that this is unacceptable — unacceptable for 
purely humanitarian reasons, but also unacceptable out of simple political and eco- 
nomic self-interest. As our Report points out, just as our nation found more than a 
century ago that it could not endure half-slave and half-free, so our region cannot 
stand, much less move ahead, if we are permanently divided into two groups of people 

— one thriving, prospering, enjoying the good life that comes from education and 
social privilege and political preferment — the other struggling to survive, locked into 
an existence limited by ignorance, disease, and a changing way of making a living. 
There are more than sixty million of us living in this region now. That number in- 
creases rapidly each year. It is increasing very rapidly for poor children. It 
includes that six million adults over twenty-five, who are functionally illiterate. It 
numbers that 30% of land-owning farmers who soon must find a new livelihood. It 
embraces a rural population that after twenty years of steady upward progress during 
the sixties and seventies now has a per capita income less than three-fourths the na- 
tional average and is now falling further behind each year. 



March 2, 1987 



1987] SENATE JOURNAL 61 

"After a long, hard look at who we are and where we are, our Commission has 
come with a series of ten major strategic recommendations, which are in turn divided 
into a number of specific suggestions for action. When taken as a whole, they all add 
up to one overriding statement of policy — that to get all the way home and guarantee 
our future, we must use our presently available resources more wisely and we must 
make major additional public and private investments in human capital. Some of the 
recommendations will cost more money now. But some will save money now — and 
all will save money later over the long haul. 

"I shall not take your time or Governor Collins time here tonight to detail those 
recommendations. They are presented in our report Halfway Home And A Long Way 
To Go in a very clear and concise way. I hope each of you will take the time to study 
that report, which I believe that you will find very readable, since it was put together in 
its final form by one of your own fine North Carolina writers, Doris Betts of Chapel 
Hill. 

"I hope that you will feel after considering it that this report has hit right on the right 
priorities. 

"I believe that we have, and I believe with equal assurance that a commitment of 
support from the General Assembly of North Carolina, aided and joined by other po- 
litical leaders of the region, will make a critical difference in achieving parity for the 
South. 

"That is not going to happen, though, if we approach it as we so often have in the 
past with a fragmented and casual strategy and a business-as-usual attitude. It will 
not happen if we listen to the cynics and the nay-sayers. We Southerners have been 
more inclined to put off doing things that we ought to do until the weather cooled, the 
crops were in, or the moon was right. Well let me suggest that the moon is right to do 
what we propose. 

"This Report represents for the first time in the history of the South a carefully ar- 
rived at plan of action that will make a difference in the future of the South. Not just 
because this Commission has worked so hard on it — and I cannot emphasize too 
strongly the hours and days and months of effort that have gone into this Report — but 
because it does carry the right message and sends the right signals, I urge you to use it 
as a kind of playbook in the contest for the future. The lives of over sixty million 
people — and of equal importance the lives of their children and grandchildren — will 
be influenced by how you respond to the recommendations of this Report. The South 
is indeed at the crossroads, and we are looking for the right road to take. This is the 
road map, but we have to travel the road together. And if we do, I am satisfied that 
all of us can make it all the way home . " 

REMARKS OF LIEUTENANT GOVERNOR JORDAN 

"Thank you Governor Winter for the challenges you have outlined for us. 

"We are especially pleased tonight to have one of the nation's leading Governors 
with us. Martha Layne Collins is one of three women currently serving among the 
nation's fifty Governors. She chaired the 1984 Democratic National Convention. 

"What Governor Collins preaches is education and economic growth. Everything 
else is a variation on that two-note theme. 

"The Governor has just returned from an overseas industry hunt. In fact, you may 
know of her success in crafting the $125 million incentive package Kentucky offered to 
bring Toyota to her State. 



March 2, 1987 



62 ■ SENATE JOURNAL [Session 

"With the same determination, Martha Layne Collins picked up the flag of educa- 
tional reform when it had fallen once in Kentucky prior to her administration. 

"As a former teacher she knew about the needs of the classroom, and as Governor 
she launched a crusade which produced dramatic results, to improve Kentucky's 
schools. 

"During her first year, she proposed massive reform which failed to pass the Legis- 
lature. She then called a special session and pushed through a $320 million dollar 
package, one of the best in the nation. And like Governor Winter, she has been able 
to get the people of her state to understand that it is a matter of economic urgency that 
we strengthen our human capital. 

"Currently, Governor Collins chairs the Southern Governors' Association. As 
Chairman of the Southern Growth Policies Board, she has dedicated her term to im- 
plementing the ten regional objectives of the Commission on the Future of the South. 

"Her presence here tonight, while the Kentucky Legislature is in Session, is testi- 
mony to her commitment of moving our region forward. Members of the General 
Assembly, it is with great honor that I present the Honorable Martha Layne Collins." 

REMARKS OF GOVERNOR COLLINS 

"I'm delighted to be here this evening to talk with you about the future of the South- 
ern states. We in the South have a right to be proud of many aspects of our culture 
and our quality of life, but they will not be enough to sustain us in the future. As we 
move into the 1990 's and beyond, it is critical that the South take a hard look at where 
we have been and where we want to stand in the 21st century world economy. 

"Governor Winter and the members of his Commission were handed a difficult job 
and they proved themselves more than equal to it. They have produced a blueprint for 
action in the South. Now we face the tough part — implementing the plan. 

"At one point during World War I, Americans became concerned that enemy sub- 
marines were getting too close to American shores. Some of the country's leading 
thinkers were offering sage advice about what should be done, and someone asked 
Will Rogers what he would suggest. He thought for a moment and said, 'I'd just 
make the ocean boil so the subs would have to leave. ' The next question, of course, 
was 'How do we do that?' Rogers replied, 'That's up to you. I just make recommen- 
dations. It's someone else's job to implement them.' 

"That's our situation. The South is halfway home, and thanks to the Commission, 
we have a road map. How do we make it the rest of the way? One thing is certain. 
We cannot allow this Report — these thoughtful and timely goals — to gather dust on our 
office shelves. 

"This is a crucial time, not just for the South, but for the nation as a whole. We're 
transforming the ways we work, communicate and conduct business. We see evidence 
of those changes in satellite dishes up and down the most remote Appalachian hol- 
lows, in the robots that are transforming our factories, even in the automatic banking 
facilities on our city street corners. 

"Change and movement are taking place in every aspect of our lives, and it is cru- 
cial that we take advantage of the new patterns being established. We must move as 
quickly as possible because part of the reason we're only halfway home is that the 
target keeps moving. Other states aren't standing still. They're moving and changing 
while we're still trying to pull up beside them. To complicate matters further, we're 
not just competing with other states anymore. We're competing globally. 



March 2. 1987 



1987] SENATE JOURNAL 63 

"There's a new century coming and a new economy with it, and I believe the South 
should lead the way. Do we have special problems? Of course we do, but we also 
have special advantages and special opportunities. 

"Our advantages are that we're a region of dependable and hardworking people. 
We're a region with extraordinary water, land, and mineral resources. We're a re- 
gion of enviable climate and rich tradition. We're renowned worldwide for our scenic 
beauty and reputation for warmth and hospitality. 

"Our opportunities are that new foreign and domestic industries have discovered our 
states, and we must find ways to keep them here and attract still more while protecting 
our quality of life. 

"Another opportunity will come next year when we'll hold our first multi-state 
presidential primary. It will go a long way toward strengthening our role in setting the 
national agenda. When those candidates come to seek our support, the Southern 
states must speak to them with one voice — as a region. The multi-state primary will 
give us an unprecedented opportunity to work together, pool our resources and our 
efforts, and ensure a secure future for our individual states and the region as a whole. 

"The issues that affect the South are not partisan issues, nor are they limited to 
state boundaries. The barriers to productivity that have held us back are common 
threads running throughout the South. All of us face the problems of illiteracy, the 
need for better schools and the decline of some of our traditional industries, so we 
must break down those barriers together. 

"As we begin to implement the Commission's ten regional objectives, three things 
are clear. We must identify and develop leaders who can motivate and mobilize our 
people; we must use our resources wisely; and we must set up a structure for on-going 
progress. 

"Visionary, thoughtful leaders are essential to the South because the crucial key to 
making changes and getting the rest of the way home is persuading our people to buy 
into the idea of progress. Only if they feel a sense of participation and ownership will 
our fellow southerners join us in moving ahead to new opportunities. 

"The question then comes back to you and me. Are we motivated to change? Can 
we mobilize our constituencies to accomplish these objectives? Can we offer the effec- 
tive leadership necessary to move the South forward as a region? 

"The essence of leadership is not a defense of the status quo — a contentment with 
things as they are. Leadership — genuine and true leadership — requires a willingness 
to push beyond what is convenient to what is necessary. It requires a willingness to 
reach beyond what is easy to what is right, and a willingness to measure ourselves by 
the highest standard rather that the least common denominator. The most important 
quality of leadership is a belief that we can do better. 

"In North Carolina, you've been fortunate to have leaders willing to question the 
status quo, and their boldness has brought you special progress. When Luther Hodges 
committed this State to building the Research Triangle Park, he was not deterred by 
those who found him too idealistic. When Terry Sanford committed this State to ra- 
cial justice and public education, he was not deterred by those who said it was not 
popular. When Sam Ervin committed this nation to a reaffirmation that our leaders 
must be held accountable under the law, he was not deterred by those who said it 
would be difficult. And when Jim Hunt committed this State to rapid economic devel- 
opment, he was not deterred by those who thought the competition was too keen or the 
job too big. 



March 2, 1987 



64 - SENATE JOURNAL [Session 

"Your leaders have achieved success through their ability to mobilize public support 
for their initiatives. Reaching people and making them aware of the need to change 
isn't easy. Just getting their attention is a challenge. People are constantly enter- 
tained today, so they aren't easily impressed with mild pleas and vague rhetoric. 

"Statistics don't always work either. We've become numb to them. They're no 
longer meaningful. It has been said that one death is a tragedy, but a million deaths is 
a statistic. So to bring our point across to the Southern people, it is essential that we 
spotlight not facts and figures, but changes being wrought on our individual citizens. 

"We could promote adult literacy programs by saying that twenty-three million 
American adults are functionally illiterate — or we could talk about the 51 -year-old 
woman in Texas who is now learning to read for the first time because she wants to 
read the Bible. 

"We could promote education by saying that thirty percent of our American people 
do not have high school diplomas — or we could talk about Steve, the janitor in the 
Kentucky Capitol Building, who dropped out of school after the 10th grade. He just 
completed his GED and his test scores were so high that he is now applying to several 
colleges, and his own positive experience has convinced his wife to continue her edu- 
cation, too. Southerners like Steve and the woman learning to read know that the 
world is changing and they want to keep up with it. They've bought in. 

"While we're talking about our people who are still struggling, we should also tell 
our success stories because our situation isn't as bleak as some would have us believe. 
When the Toyota Motor Company decided to build a plant in the United States, they 
didn't go to Massachusetts or California. They came to Kentucky — to the South. 
That $800 million plant with its 3,000 jobs and $80 million payroll has been a turning 
point in the State's history. 

"The changing economy has underscored even more clearly the critical need for 
preparing our young people for the jobs of tomorrow. We worked for two years to pass 
the most sweeping education reform package in Kentucky's history. That package 
brought with it smaller class sizes, more money for teachers, and new remedial pro- 
grams, but more important, it brought about a new respect for learning among our 
people. 

"Also in Kentucky, we've put more money into higher education than at any time in 
the past two decades, and I've recently created the Governor's Council on Science and 
Technology, because our own ability to generate and use technology will be a corner- 
stone of our future progress. 

"All the Southern states have accomplishments like these to be proud of, and as we 
work toward our common goals, it's important to maintain our sense of pride while 
realizing that we must also work together as a region to motivate our people and 
achieve further progress. 

"If motivating and mobilizing people is rarely easy, finding the resources to imple- 
ment change is even harder. The more limited our resources are, the more important 
it becomes to use them thoughtfully and judiciously. 

"Many of the programs needed to implement the Commission's recommendations 
will cost money, but many will not. Many can be implemented without additional cost 
or by using old money in new ways, but it is essential that we begin immediately to 
direct our resources toward these long-term investments that will give us the greatest 
return. 

"As we distribute our resources, whether they involve existing funds or new appro- 
priations, it is critical that we never lose sight of our goals and priorities. We must 



March 2, 1987 



1987] SENATE JOURNAL 65 

look beyond the immediate concerns of today and focus on where we want to be five, 
ten, and twenty years from now. Clearly, the South cannot afford short-term, quick- 
fix solutions. They haven't worked in the past and they certainly won't work in this 
new global age. 

"To get the rest of the way home, we must set up a structure that will continue our 
momentum in the years ahead and clear the paths to opportunity for future genera- 
tions. If we really are going to lead the nation and the world into the 21st century, we 
must be willing to take some very obvious steps. 

"We must be willing to do what is necessary to recruit and keep the best teachers for 
our schools. We must be willing to do what is necessary to ensure that our students 
stay in school and learn while they are there. We must be willing to do what is neces- 
sary to help agricultural and manufacturing workers move into new lines of work with 
new skills and renewed faith in our economy. We must be willing to share ideas and 
resources, and to pull together. The progress of the Southern states, both individually 
and collectively, depends on it because if we don't do it for ourselves, it simply won't 
be done. No one in Washington or New York or Tokyo or London is going to do it for 
us. 

"The 'Halfway Home' Report can be a turning point for the South. I've already 
seen great enthusiasm for its findings. Our challenge is to turn that enthusiasm into 
aggressive action in North Carolina, in Kentucky, and in every Southern state. Each 
of our states must adopt these goals and make them our top priorities in our budgets 
and our legislative sessions. 

"While we'll continue to compete good-naturedly among ourselves, we must also 
work together to move the entire region ahead. The Southern primary will be our best 
opportunity for the kind of cooperative effort that will give all of us a stronger voice on 
the national scene. 

"I know that our goals are realistic, because I've seen how far we've already come, 
and while it's true that we have a long way to go, none of us is making the journey 
alone. You and I share the same hopes and dreams for our states and for the South as 
a whole. We share a common vision of what our region can become, and each of us 
wants to be a part of making that vision a reality. 

"In November, when this Report was presented to the Southern Growth Policies 
Board, a Commission member — Harriet Zimmerman — eloquently summarized our 
feelings and our challenge. She repeated an expression from her faith that you and I 
should carry in our hearts as we continue to take the South the rest of the way home. 
'We're not commanded to perfect the world but neither are we permitted to desist from 
trying."' 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate adjourns to meet tomorrow, Tuesday, March 3, 
at 1:30 P.M. 



SEVENTEENTH DAY 

' Senate Chamber, 

Tuesday, March 3, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



March 3, 1987 



{$6 SENATE JOURNAL [Session 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Holiness and Compassion, we as preachers and politicians receive much 
praise and public recognition, which could easily lead us into personal and spiritual 
pride. But when we look into our heart of hearts, we know that we like all Thy other 
children stand in need of Thy grace. Thy forgiveness, and Thy guidance. So we put 
on sackcloth and ashes like the priests, prophets, and rulers of old, and pray with the 
Psalmist: Have mercy upon us O God according to Thy lovingkindness — blotting out 
all our transgressions — creating in us clean hearts and renewing a right spirit within 
us. 

"So that others may see Your love. Your joy, and Your justice, and Your compas- 
sion expressed in all that we do and say in this place and in every place. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Allran for today due to illness in 
his immediate family. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: ^.^ 

By Senator Barnes for the Judiciary I Committee: 

S.B. 75, a bill to allow all State and local law enforcement officers to communicate 
in times of emergency, with a favorable report. * 

By Senator Swain for the Judiciary III Committee: 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval, with a 
favorable report. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

S.B. 79, a bill to change the candidate filing period for the Caldwell County Board 
of Education, with a favorable report. 

S.B. 83, a bill to amend the Charter of the Town of Landis to implement the coun- 
cil-manager form of government, with a favorable report, as amended. 

By Senator Staton for the Economic Growth Committee. 

S.B. 35, a bill to appropriate funds for the North Carolina Rural Economic Devel- 
opment Center, with a favorable report. 

On motion of Senator Staton, the bill is re-referred to the Appropriations Com- 
mittee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Marvin: 

S.B. 88, a bill to regulate the adoption of voting systems by local governments. 
Referred to Election Laws Committee. 



March 3, 1987 



1987] SENATE JOURNAL 67 

By Senator Marvin: 

S.B. 89, a bill to require declarations of intent and petitions for write-in candi- 
dates. 

Referred to Election Laws Committee. 

On motion of Senator Harrington, seconded by Senator Simpson, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



EIGHTEENTH DAY 

Senate Chamber, 
Wednesday, March 4, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Steve Compton, Minister of St. Francis United 
Methodist Church, Cary, as follows: 

"God of our fathers and mothers, God of us all. You alone are to be praised in this 
day, for You have seen the needs of Your people, and You alone have given hope to us 
which sustains us in life through all our difficulties. Continue in Your mercy, O God; 
be our strength and our redemption, and bring pardon to us for all our disobedience. 

"We commend to You this State and its leaders, who are gathered in this place. We 
pray, O God, for these men and women who are entrusted with offices of leadership 
and responsibility in this State. We pray for our Governor, our Lieutenant Governor, 
and all who sit as Members of the General Assembly. Bestow upon them wisdom and 
courage to make laws that are just and forever in the best interest of the citizens of this 
State. 

"O God of all Creation, for this beautiful land called North Carolina and for its 
people, we offer You praise and thanksgiving. To the honor of Your Holy Name, we 
pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Allran for today due to illness in 
his family. 

The President extends courtesies of the gallery to Roman L. Hruska, former United 
States Senator from Nebraska. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

S.B. 5, a bill to extend the time by which a tax collector must make his annual 
report and settlement of property taxes collected, with a favorable report. 

S.B. 16, a bill to clarify the sales tax exemption for materials used to construct or 
repair certain farm buildings, with a favorable report. 



March 4, 1987 



68 . SENATE JOURNAL [Session 

S.B. 22, a bill to repeal obsolete local acts concerning property taxes, with a favor- 
able report. 

By Senator Kaplan for the Election Laws Committee: 

S.B. 32, a bill to provide that in all elections with voting devices requiring the voter 
to punch or mark a number in order to cast a straight-party ticket, the number shall be 
uniform statewide, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate , 
read the first time, and disposed of as follows: 

By Senator Allran: 

S.B. 90, a bill to appropriate funds to save The Historic Parsonage in Hickory. 
Referred to Appropriations Committee. 

By Senators Plyler, Conder, Parnell, and Walker: 

S.B. 91, a bill to prohibit the establishment of hunter check stations on the 
Sandhills Game Lands. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Simpson and Kincaid: 

S.B. 92, a bill to require notification of victims that a parole decision is pending. 
Referred to Judiciary IV Committee. 

By Senator Redman: 

S.B. 93, a bill to permit persons to engage in business as pawnbrokers in unincor- 
porated areas of Iredell County. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Barnes: 

S.B. 94, a bill to recodify the laws relating to fraternal benefit societies and frater- 
nal orders. 

Referred to Judiciary I Committee, 

By Senators Martin of Guilford, Basnight, Conder, Ezzell, Goldston, Guy, Har- 
dison, Harris, Hunt of Moore, Martin of Pitt, Marvin, Parnell, Rauch, Richardson, 
Royall, Seymour, Shaw, Smith, Speed, Swain, Taft, Tally, Walker, Ward, Warren, 
and Winner: 

S.B. 95, a bill to establish a Statewide Health Promotion and Disease Prevention 
Program. 

Referred to Human Resources Committee. 

By Senators Shaw, Ezzell, Martin of Pitt, Martin of Guilford, Simpson, and Smith: 

S.B. 96, a bill to make the evidence of the usage of seat belts inadmissible in crimi- 
nal or civil proceedings. 

Referred to Judiciary I Committee. 

By Senator Hunt of Durham: 

S.B. 97, a bill to ensure that the public has notice of all restaurants' health ratings. 
Referred to Human Resources Committee. 



March 4, 1987 



1987] SENATE JOURNAL 69 

By Senator Somers, Johnson of Cabarrus, Simpson, McDuffie, and Smith: 

S.B. 98, a bill to require day care centers to determine the criminal histories of all 
employees. 

Referred to Children and Youth Committee. 

By Senators Somers, Smith, McDuffie, and Simpson: 

S.B. 99, a bill to require the defendant convicted of child abuse to pay for rehabili- 
tative treatment for victim as part of sentence. 
Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 100, a bill to clarify the provision of G.S. 48-36(d) specifying what shall be 
contained in an order changing the name of an adopted person who is 18 or more 
years of age as recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 101, a bill to amend the Business Corporation Act to provide reasonable 
guidelines for indemnification and liability for corporate directors as recommended by 
the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 102, a bill to authorize the service of summonses in civil actions by any person 
who is not a party to the action and is not less than 18 years of age as recommended 
by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senators Hunt of Moore and Marvin: 

S.B. 103, a bill to make certain changes in the distributive award of vested pension 
and retirement benefits. 

Referred to Pensions and Retirement Committee. 

Senator Walker moves that Rule 40 be suspended to allow the introduction and re- 
ferral to committee of the following bill, which motion prevails by a two-thirds major- 
ity vote. 

By Senator Walker: 

S.B. 104. a bill to allocate additional Federal Social Services Block Grant Funds. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 79, a bill to change the candidate filing period for the Caldwell County Board 
of Education. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 83, a bill to amend the Charter of the Town of Landis to implement the coun- 
cil-manager form of government. 

On motion of Senator Hunt of Moore, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 



March 4. 1987 



70 . SENATE JOURNAL [Session 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded) . 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Taft to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.B. 75, a bill to allow all State and local law enforcement officers to communicate 
in times of emergency. 

The bill passes its second (electronically recorded) and third readings is ordered sent 
to the House of Representatives. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Plyler moves that Rule 40 be suspended to allow the introduction and refer- 
ral to committee of the following bill, which motion prevails by a two-thirds majority 

vote>, ■'•=■-, ■" -■ - ^ •■";;' • "-.^ '-' --'•'•••-■■'■ 

By Senators Plyler, Rand, Royall, and Parnell: ' 

S.B. Ill, a bill to create an Emergency Prison Facilities Development Program and 
an Emergency Prison Facilities Fund to pay for the same. 

Referred to Appropriations Committee. ^^ ,, ^ 

RE-REFERRAL 

S.B. 57, a bill to appropriate funds for the North Carolina Senior Games Program. 

On motion of Senator Plyler and without objection, the bill is taken from the Ap- 
propriations Committee and re-referred to the Veterans Affairs and Senior 
Citizens Committee. 

On motion of Senator Harrington, seconded by Senator Kincaid, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



NINETEENTH DAY 



Senate Chamber, 
Thursday, March 5, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of the Family, we thank Thee for the love, joy, security, and support which 
we have experienced in our family circle. For loving mothers and fathers who helped 
us to develop a strong sense of self worth; for the importance of weekly corporate 
worship which we learned from devout parents and grandparents; for the wonder of 
childhood; for the adventures of adolescence; for the joy of finding someone with 
whom we could share our hopes and dreams, our sorrows and our needs; for the ex- 
citement and responsibilities of parenthood; and for the joy which children and grand- 
children have brought into our lives; we give Thee thanks, O Lord. And having been 
so richly blessed in our own family circle, give us the determination to enact legislation 
which will protect the rights and opportunities of all the families of our State. Amen. " 



March 5. 1987 



1987] SENATE JOURNAL 71 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Allran and Guy for today. 

The President grants courtesies of the floor to the Honorable Richard A. Gephardt, 
Member of the United States House of Representatives from Missouri, and courtesies 
of the gallery to the Honorable Craig B. Ellis, Senior Resident Superior Court Judge 
for the Sixteenth Judicial District. 

The Senate recognizes Senator Helen Rhyne Marvin receipient of one of the Distin- 
guished Women of North Carolina Awards given by the North Carolina Council on the 
Status of Women. 

"" REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Environment Committee: 

S.B. 46, a bill to amend the powers of the Radiation Protection Commission to 
provide for the development and adoption of criteria and standards for low-level radio- 
active waste facilities, with a favorable report, as amended. 

On motion of Senator Winner, the bill is placed on the Calendar for Tuesday, 
March 10. 

S.B. 47, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities, with a favorable report, as 
amended. 

On motion of Senator Winner, the bill is placed on the Calendar for Tuesday, 
March 10. 

S.B. 49, a bill to suspend the issuance of any license for a commercial low-level 
radioactive waste facility, with a favorable report, as amended. 

On motion of Senator Winner, the bill is placed on the Calendar for Tuesday, 
March 10. 

By Senator Plyler for the Appropriations Committee: 

S.B. 10, a bill to repeal the reversion of Willie M. Funds, with a favorable report. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
without objection, sent to the House of Representatives by special messenger. 

S.B. 73, a bill to transfer funds for Health Systems Agencies, with a favorable 
report. 

On motion of Senator Rand, the bill is placed on the Calendar for Monday, March 
9. 

S.B. 104. a bill to allocate additional Federal Social Services Block Grant Funds, 
with a favorable report. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 



March 5, 1987 



72 SENATE JOURNAL [Session 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 

S.B. Ill, a bill to create an Emergency Prison Facilities Development Program and 
an Emergency Prison Facilities Fund to pay for the same, with a favorable report, as 
amended. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ments No. 1 and No. 2 are adopted. 

Senator Rand offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Plyler calls the previous question, seconded by Senator Harris. The call is 
sustained. The bill, as amended, passes its second reading (electronically recorded) 
and, without objection, remains on the Calendar upon third reading. 

The bill, as amended, passes its third reading and is ordered without objection, sent 
to the House of Representatives by special messenger, without engrossment. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: , jsjjtjs/ vv .s ttri jcj 

By Senator Ezzell: 

S.B. 105, a bill under Chapter 50 to protect the property of an incompetent spouse 
but to prevent the entry of a divorce decree on behalf of the incompetent as recom- 
mended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 106, a bill to make it clear that the testimony of an injured party as to the 
amount of medical charges only establishes a rebuttable presumption of the reason- 
ableness of the amount of the medical charges as recommended by the General Stat- 
utes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: ^ ■■- '■''■:'^''^; ■• ''''fn ^u ,;.-,;x^;.V ',:J&aA:l^<^ 

S.B. 107, a bill to be known as the North Carolina Uniform Transfers to Minors 
Act as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Johnson of Wake (By Request) : 

S.B. 108, a bill to amend the Workers' Compensation Act to include services per- 
formed in agricultural labor for certain employing units as "employment". 
Referred to Manufacturing and Labor Committee. 

By Senators Plyler and Conder: 

S.B. 109, a bill to permit pensioners in the Firemen's and Rescue Squad Workers' 
Pension Fund to perform volunteer duties while receiving a pension. 
Referred to Pensions and Retirement Committee. 

By Senators Royall, Barker, Barnes, Basnight, Block, Daniel, Goldston, Guy, Har- 
dison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Rand, 
Rauch, Richardson, Sands, Seymour, Sherron, Soles, Speed, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner: 

S.B. 110, a bill to enact and appropriate funds for the North Carolina Clean Water 
Loan and Grant Fund Act of 1987. 

Referred to Economic Growth Committee. 



March 5. 1987 



1987] SENATE JOURNAL 73 

By Senator Hunt of Durham: - 

S.B. 112, a bill to abolish second primaries. 
Referred to Election Laws Committee. 

By Senator Rauch, Barker, Basnight, Block, Daniel, Ezzell, Goldston, Guy, Har- 
dison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Mar- 
tin of Pitt, Marvin, Parnell, Plyler, Richardson, Royall, Sands, Soles, Speed, Staton, 
Tally, Thomas, Walker, and Ward. 

S.B. 113, a bill to provide a State income tax credit to employers who create jobs in 
severely distressed counties of the State. 

Referred to Economic Growth Committee. 

By Senators Conder and Plyler: 

S.B. 114, a bill to suspend the issuance of any permit for, selection or operation of, 
and approval of a commercial hazardous waste facility of any type. 
Referred to Environment Committee. 

By Senators Block and Rauch: 

S.B. 115, a bill to make English the Official Language of North Carolina. 
Referred to Judiciary IV Committee. 

Senator Barnes rises to a point of parliamentary inquiry as to the majority vote re- 
quired to call to the floor, read, and commit to a standing committee a bill ordered 
held as filed upon motion. The Chair rules that a motion to remove a bill ordered held 
as filed to refer to a committee is done by simple majority. 

Senator Barnes offers a motion that S.B. 65, a bill to adopt a comparative fault 
system and make it inapplicable to State torts and S.B. 66, a bill to adopt a compara- 
tive fault system for State torts be presented to the Senate for first reading and further 
moves that the bills be referred to Judiciary I Committee. 

The Chair rules that a motion is in order that the bills be taken from held as filed 
status and read for referral after which a further motion is in order. 

Senator Barnes offers a motion that S.B. 65 and S.B. 66 ordered held as filed 
February 25 be presented to the Senate for first reading for referral, which motions 
prevail (electronically recorded) . 

Senator Barnes offers a motion that S.B. 65, a bill to adopt a comparative fault 
system and make it inapplicable to State torts, be referred to Judiciary I Commit- 
tee and calls the previous question, seconded by Senator Soles. 

Senator Cobb rises to a point of parliamentary inquiry as to the proper order of 
motions being reference to a standing committee by the Chair followed by a motion to 
recall and refer to a second committee. The Chair rules that the motion as offered by 
Senator Barnes is in order, citing Senate Rule 43. 

The call for the previous question is sustained (electronically recorded) . The mo- 
tion offered by Senator Barnes to refer the bill to the Judiciary I Committee pre- 
vails (electronically recorded) and the Chair refers the bill to the Judiciary I Com- 
mittee. 

S.B. 66, a bill to adopt a comparative fault system for State torts, is read a first 
time pursuant to the prevailing motion heretofore offered by Senator Barnes. 

Senator Barnes offers a motion that the bill be referred to the Judiciary I Com- 
mittee which motion prevails (electronically recorded). The Chair refers the bill to 
the Judiciary I Committee. 

Senator Soles offers a motion that the vote by which the motion to refer the bill to 
the Judiciary I Committee prevailed be reconsidered and further moves that that 
motion do lie upon the table, which motion prevails (electronically recorded) . The bill 
remains in the Judiciary I Committee. 



March 5. 1987 



74 SENATE JOURNAL [Session 

S.B. 65, a bill to adopt a comparative fault system and make it inapplicable to 
State torts. 

Senator Soles offers a motion that the vote by which the motion to refer the bill to 
the Judiciary I Committee prevailed be reconsidered and further moves that that 
motion do lie upon the table, which motion prevails (electronically recorded) . The bill 
remains in the Judiciary I Committee. 

RE-REFERRAL 

S.B. 84, a bill to authorize loans and grants to units of government for construction 
and improvement of waste water treatment, water supply, and solid waste manage- 
ment systems, without objection, the Chair orders the bill taken from the Committee 
on Environment and re-refers it to the Committee on Economic Growth. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 5, a bill to extend the time by which a tax collector must make his annual 
report and settlement of property taxes collected. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 16, a bill to clarify the sales tax exemption for materials used to construct or 
repair certain farm buildings. 

On motion of Senator Rauch, the bill is recommitted to the Finance Committee. 

S.B. 22, a bill to repeal obsolete local acts concerning property taxes. 
On motion of Senator Rauch, consideration of the bill is postponed until Monday, 
March 9. 

S.B. 32, a bill to provide that in all elections with voting devices requiring the voter 
to punch or mark a number in order to cast a straight-party ticket, the number shall be 
uniform statewide. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded) . 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval, as 
amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Redman, the Senate ad- 
journs, in memory of Randolph Scott, to meet tomorrow at 10:00 A.M. 



TWENTIETH DAY 



Senate Chamber, 
Friday, March 6, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Reverend Hope Morgan Ward, Minister of Soapstone United 
Methodist Church, Raleigh. 



March 6. 1987 



1987] SENATE JOURNAL 75 

Senator Harris for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Harrington, who has legislative 
business in his district, Johnson of Cabarrus, who is addressing sixth grade classes of 
the Mecklenburg County School System, and to Senators Rand, Allran, Barker, 
Goldston, Royall, McDuffie, and Guy. 

The President recognizes Elizabeth Hipps serving as a Page in the Lieutenant Gover- 
nor's Office this week. 

* REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Durham for the Pensions and Retirement Committee. 

S.B. 68, a bill to change the Senate membership of the Committee on Employee 
Hospital and Medical Benefits, with a favorable report. 

By Senator Swain for the Judiciary III Committee. 

H.B. 48, a bill to provide for the stabilization of the prison population, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barker: 

S.B. 116, a bill to permit the taking of one antlerless deer during a muzzle-loading 
firearms season with a bag limit of five or more. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Johnson of Cabarrus: 

S.B. 117, a bill to authorize the City of Concord to regulate abandoned, junked 
vehicles for aesthetic purposes. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Simpson and Kincaid: 

S.B. 118, a bill to protect State employees from retaliation for reporting government 
waste and abuse, substantial endangerment to the public health and safety, or other 
activities. 

Referred to State Personnel Committee. 

By Senators Johnson of Wake, Daniel, Sherron, Speed, Taft, Tally, and Warren: 

S.J.R. 119, a joint resolution honoring the founders of a century ago of today's 
North Carolina State University. 

On motion of Senator Johnson of Wake, the joint resolution is placed on the Calen- 
dar for Tuesday, March 10, as Special Order of Business No. 1. 



March 6, 1987 



76 . SENATE JOURNAL [Session 

By Senators Swain, Martin of Guilford, Marvin, and Parnell: 

S.B. 120, a bill to revise the eligibility requirements for community service parole. 
Referred to Judiciary III Committee. 

By Senators Swain and Martin of Guilford: 

S.B. 121, a bill to amend the parole eligibility requirements for committed youthful 
offenders sentenced under Chapter 90 of the General Statutes. 
Referred to Judiciary III Committee. 

By Senator Harris: 

S.B. 122, a bill to appropriate funds for the construction of a chapel at the Western 
Correctional Center in Morganton. 

Referred to Appropriations Committee. ,, ;, , ., 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 50, a bill to develop a program for academic and vocational education train- 
ing in the Department of Correction. 

Referred to Judiciary III Committee. 

H.B. 67, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. 

Without objection, the Chair places the bill on the Calendar for Tuesday, March 
10, in its proper order of business along with identical S.B. 47, a bill to amend the 
licensing process for a low-level radioactive waste facility by first requiring the appli- 
cant to satisfy the State Department of Human Resources of his financial and techni- 
cal capabilities. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. Ill, a bill to create an Emergency Prison Facilities Development Program and 
an Emergency Prison Facilities Fund to pay for the same, as amended, for concur- 
rence in House Amendment No. 1. 

On motion of Senator Plyler, the rules are suspended, and the bill, as amended is 
placed before the Senate for immediate consideration. 

On motion of Senator Plyler, seconded by Senator Seymour, the Senate concurs in 
House Amendment No. 1 (electronically recorded) and the bill is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. Ill, an act to create an Emergency Prison Facilities Development Program 
and an Emergency Prison Facilities Fund to pay for the same. (Ch. 3) 

On motion of Senator Harris, seconded by Senator Shaw, the Senate adjourns to 
meet Monday at 7:00 P.M. 



March 6, 1987 



1987] SENATE JOURNAL 77 

/iv i ^ >i TWENTY-FIRST DAY 

V ' Senate Chamber, 

Monday, March 9, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Jerry Juren, Minister of the First United Methodist 
Church, Mount Gilead, as follows: 

"Eternal God, Creator and Sustainer of all life, we offer praise and thanks unto 
Thee for Thy great mercy. May the strength of Thy love inspire us to rise positively to 
the tasks and opportunities that confront us. Awaken us to whatever challenge may 
present itself in this hour, and enable us to replay with a measure of sensitivity and 
courage equal to the occasion. Grant us the will to serve for the greater good of all; fill 
our minds with an incentive to noble deeds. Give us the grace to say 'yes' or to say 
'no' with sincerity, when in the course of responsibility we should. Keep ever before 
us those social responsibilities that rest so heavily upon us. Make us to know that our 
accomplishments are limited largely by the goals we set. Give us, therefore, faith to 
venture into paths of progress through concentrated effort. May we never lose sight of 
Thy will in the making of the laws of our State, in the making of the peace of this 
world, and in the compulsion to enable the citizens whom we serve to fuller and more 
meaningful lives. Once again, we sincerely ask that You abide in our hearts, accom- 
pany us in our thinking, and endow us with strength for the privilege which is ours in 
the midst of all that is before us . Amen . " 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absences to Senators Allran, due to the death of his 
father, and to Senator Winner for tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kincaid: 

S.B. 123, a bill to provide additional procedures for Caldwell County to increase 
the size of fire tax districts. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Harrington and Basnight: 

S.B. 124, a bill to provide that 1986 funds appropriated to Historic Hope Founda- 
tion may be used for a different public purpose. 
Referred to Appropriations Committee. 

By Senators Smith and Johnson of Wake: 

S.J.R. 125, a joint resolution to honor the life and memory of Russell F. Vanlan- 
dingham, a former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 



March 9. 1987 



78 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 77, a bill to provide an alternate procedure for cancellation of a deed of 
trust. 

Referred to Judiciary IV Committee. 

H.J.R. 105, a joint resolution urging Congress to take final action on the 1987 
Federal Highway Act. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 126, a bill to regulate the adoption of voting systems by local governments. 
Referred to Election Laws Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 22, a bill to repeal obsolete local acts concerning property taxes. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 68, a bill to change the Senate membership of the Committee on Employee 
Hospital and Medical Benefits. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 73, a bill to transfer funds for Health Systems Agencies. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 48, a bill to provide for the stabilization of the prison population. 

On motion of Senator Swain, Committee Amendments No. 1 and No. 2 are 
adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives for concur- 
rence in Senate Amendments No. 1 and No. 2, by special messenger. 

The President recognizes the following pages serving in the Senate this week: 
Valerie Averell, Charlotte; Holly Jo Cobb, Ruff in; Rhonda Leslie Corwin, Forest 
City; Tijuana Darlene Evans, Hickory; Tonya Harris, Connelly Springs; Sarah 
Heekin, Goldsboro; Sandra Imperial, Spring Lake; Andrea Rae Ingle, Canton; Amy 
Jackson, Tryon; Ann Kenion, Charlotte; Laurie Lynne Klatt, Raleigh; Renee Darlene 
Liscomb, Roanoke Rapids; Kristin Andrea O'Donnell, Goldsboro; Angela Renee 
Revis, Marion; Becky Cheek Searcy, Forest City; Kate Sheppard, Shelby; Teresa 
Shutt, Winston-Salem; Julie Ann Thomas, Cary; Keonna Torrence, Charlotte; Sarah 
White, Greensboro; Mary Kathleen Wilson, Sanford; and Dorothea Diana Young, 
Conover. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 9, 1987 



1987] SENATE JOURNAL 79 

S.B. 10, an act to repeal the reversion of Willie M. Funds. (Ch. 4) 

S.B. 42, an act to permit ABC Boards in Cleveland County to contract for law 
enforcement. (Ch. 5) 

S.B. 104. an act to allocate additional Federal Social Services Block Grant Funds. 
(Ch. 6) 

S.J.R. 61, a joint resolution honoring the life and memory of L.A. "Speed" Riggs. 
(Res. 4) 

On motion of Senator Harrington, seconded by Senator Smith, the Senate adjourns 
in memory of Jacob Franklin Alexander, former Deputy Secretary of the Department 
of Transportation, to meet tomorrow at 1:30 P.M. 



I TWENTY-SECOND DAY 

^ . Senate Chamber, 

''' ;:;■ ^ -; Tuesday, March 10, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Don Lee Harris, Minister of Trinity United Meth- 
odist Church, Jacksonville, as follows: 

"Our God, Thou Who hast chosen to speak and to listen to such as we, hear this 
prayer of our hearts. 

"Grant to us Your help and guidance so that we do well in that which we have been 
chosen. 

"Grant that with Your help and guidance, we may never have to apologize for our 
labors. 

"Grant that we may never have to fear criticism and make excuses for our actions. 

"And grant, O, Lord, that at the end of each day, we can rest the night away in 
peace, knowing that You have been our help and our guidance, and that it was good. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants courtesies of the gallery to Bruce R. Polton, Chancellor of 
North Carolina State University; James A. Hackney III, Chairman of the North Caro- 
lina State University Board of Trustees; John T. Caldwell, Chancellor Emeritus of 
North Carolina State University; Carey H. Bostian, Chancellor Emeritus of North 
Carolina State University; and to members of their families accompanying them. 

SPECIAL ORDER OF BUSINESS NO. 1 

S.J.R. 119 

The hour having arrived for the consideration of Special Order of Business No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it being 
S.J.R. 119, a joint resolution honoring the founders of a century ago of today's North 
Carolina State University. 

The joint resolution passes its second reading (electronically recorded). 



March 10, 1987 



80 SENATE JOURNAL [Session 

The members standing pass the joint resolution on its third reading and it is ordered, 
without objection, sent to the House of Representatives, by special messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act, with a favorable report. 

S.B. 11, a bill to clarify procedures for implementing income withholding pursuant 
to a supporting party's request, with a favorable report, as amended. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

S.B. 85, a bill to authorize the City of Lexington to purchase natural gas by using 
informal bid procedures, with a favorable report. 

H.B. 51, a bill to expand the Alexander County Board of Commissioners from 
three to five members, with a favorable report. 

H.B. 64, a bill to validate a conveyance by Tyrrell County to the Tyrrell County 
Rural Health Association, Inc. with a favorable report. 

H.B. 82, a bill to allow the Town of Navassa to engage in community development 
activities with federal funds within Brunswick County, with a favorable report. 

S.B. 29, a bill to provide that resolutions of consideration adopted under the an- 
nexation laws do not confer any jurisdiction on a municipality as against any other 
municipality, with an unfavorable report as to bill, but favorable report as to Commit- 
tee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion the Committee Sub- 
stitute bill is adopted. 

On motion of Senator Marvin, the Committee Substitute bill is placed on the Calen- 
dar for Wednesday, March 11. 

By Senator Swain for the Judiciary III Committee: 

S.B. 120, a bill to revise the eligibility requirements for community service parole, 
with a favorable report. 

S.B. 121, a bill to amend the parole eligibility requirements for committed youthful 
offenders sentenced under Chapter 90 of the General Statutes, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Sherron, Guy, Hardison, Martin of Pitt, Royall, Smith, Swain, and 
Tally: 

S.J.R. 126, a joint resolution memorializing Congress to eliminate discrimination 
in benefits under the Social Security Act against persons born from 1917 through 
1921, the "notch babies". 

Referred to Rules and Operation of the Senate Committee. 



March 10, 1987 



1987] SENATE JOURNAL 81 

By Senator Martin of Guilford: 

S.B. 127, a bill to establish a State lottery after a binding referendum. 
Referred to State Government Committee. 

By Senators Staton, Speed, Johnson of Wake, and Sherron: 

S.B. 128, a bill to authorize the City of Raleigh to engage in housing programs and 
activities for low and moderate income persons. 
Referred to Finance Committee. 

By Senators Walker, Hardison, Harris, Martin of Guilford, Marvin, Redman, 
Royall, Tally, and Ward: 

S.B. 129, a bill to provide for pioneer testing of funding policy proposals for mental 
health, mental retardation, and substance abuse. 
Referred to Human Resources Committee. 

By Senators Staton, Sherron, and Speed: 

S.B. 130, a bill to amend the City of Raleigh facility fee enabling legislation. 
Referred to Finance Committee. 

By Senators Staton, Sherron, Johnson of Wake, and Speed: 

S.B. 131, a bill to revise the penalties for littering. ; . ' 

Referred to Judiciary II Committee. 

By Senator Somers: ~ - 

S.B. 132, a bill to require that students who engage in school-sponsored extracur- 
ricular activities make satisfactory educational progress. 
Referred to Education Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Richardson, Royall, Sands, Seymour, Sherron, Soles, Staton, Taft, Tally, Thomas, 
Walker, Ward, and Warren: , . 

S.B. 133, a bill to appropriate funds for domestic violence centers throughout the 
State. 

Referred to Appropriations Committee. 

By Senators Royall, Hardison, Harris, Kaplan, Martin of Guilford, Marvin, Swain, 
Taft, Tally, Walker, and Ward: 

S.B. 134, a bill to appropriate funds for a special living and training center for 
autistic adults. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 12, a bill to provide for coded bill drafts, where the law to be amended is set 
out showing the deletions and insertions proposed by the bill. 

Referred to Rules and Operation of the Senate Committee. 



March 10, 1987 



S2 « SENATE JOURNAL [Session 

H.B. 49, a bill to authorize the Administrative Office of the Courts to conduct a 
study of presentence reports. 

Referred to Judiciary III Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the Act for some persons or companies provid- 
ing services to the State or local governments, for concurrence in House Amendments 
No. 1 and No. 2 which is placed on the Calendar for tomorrow, March 11. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 46, a bill to amend the powers of the Radiation Protection Commission to 
provide for the development and adoption of criteria and standards for low-level radio- 
active waste facilities. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

Senator Thomas offers Amendment No. 2. Senator Harris offers a motion that the 
bill, as amended, with Amendment No. 2 pending be recommitted to the Environ- 
ment Committee, which motion fails to prevail (electronically recorded). Senator 
Thomas calls the previous question, duly seconded. The call is sustained. Amend- 
ment No. 2 fails of adoption (electronically recorded). 

Senator Simpson offers Amendment No. 3 which is adopted (electronically re- 
corded) . 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 47, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 49, a bill to suspend the issuance of any license for a commercial low-level 
radioactive waste facility. 

On motion of Senator of Winner, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H.B. 67, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. 

On motion of Senator Tally, consideration of the bill is postponed until Friday, 
March 13. 

On motion of Senator Harrington, seconded by Senator Ezzell, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



March 10, 1987 



1987] SENATE JOURNAL 83 

i.).. n L . r TWENTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 11, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Father Robert \yhalen, Minister of St. Michaels Catholic 
Church, Cary, as follows: 

"O God, to quote Roy G. Taylor in his book Sharecroppers: The v^ay we really 
were: 'It's spring in Carolina when its a little too cool to sit in the shade and a little 
too warm in the sun. The children take off their shoes and feel the cool earth on their 
feet, giving them a sense of freedom that only a child can appreciate.' Lord, God, 
You are the Giver, You are the Gift. We thank You for another day to serve the 
people of North Carolina in this Senate Chamber with the freedom of the children of 
God who we are. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 48, an act to provide for the stabilization of the prison population. (Ch. 7) 

S.J.R. 119, a joint resolution honoring the founders of a century ago of today's 
North Carolina State University. (Res. 5) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 72, a bill to appropriate funds for acquisition of additional land for the State 
Port at Morehead City, and for engineering and planning purposes, with a favorable 
report. 

On motion of Senator Tally, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Rauch for the Finance Committee: 

S.B. 20, a bill to eliminate the requirement that a nonresident retail or wholesale 
merchant register with the Department of Revenue for sales tax purposes, with a fa- 
vorable report. 

S.B. 64, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, with a favorable report as amended. 

S.B. 60, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion 
the Committee Substitute bill is adopted. 



March 11, 1987 



84 ■ SENATE JOURNAL [Session 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Friday, March 13. 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 46, a bill to correct a typographical error in the ABC laws, with a favorable 
report. 

H.B. 74, a bill to increase the membership of the Town of Maxton ABC Board to 
four members and to provide for the appointment of the new member, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Harrington moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by two-thirds majority vote. 

By Senator Harrington: 

S.J.R. 144, a joint resolution providing that the Speaker of the House of Represen- 
tatives and the President of the Senate may, during the 1987 Regular Session, provide 
for joint sessions of both Houses to act on confirmation of nominees or appointments. 

On motion of Senator Harrington, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (electronically recorded) , and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Simpson, Kincaid, and Smith: 

S.B. 135, a bill to provide for the convening of a grand jury to investigate crimes 
involving the exploitation or exhibition of children. 
Referred to Children and Youth Committee. 

By Senators Sherron, Hardison, Swain, Tally, and Taft: 

S.B. 136, a bill to provide a model code for procurement of architectural and engi- 
neering services by State and local government. 
Referred to State Government Committee. 

By Senator Thomas: 

S.B. 137, a bill to provide that an auction is not an "off-premises sale". 
Referred to Judiciary II Committee. 

By Senators Hunt of Moore, and Walker: ' 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax. 
Referred to Local Government and Regional Affairs II Committee. 

APPOINTMENT BY THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letter from the Governor: 

-J ' Mi wri; Q STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 
March 6, 1987 

The Honorable Robert B. Jordan, III 
Lieutenant Governor 
State Legislative Office Building 
Raleigh, North Carolina 27611 



March 11. 1987 



1987] SENATE JOURNAL 85 

Re: Appointment of State Controller 

Dear Lieutenant Governor Jordan: 

Pursuant to N.C.G.S. 143B-426.37, I hereby appoint Dr. Farris W. Womack of 
Orange County, North Carolina, to be State Controller for the term beginning July 1, 
1987, and expiring June 30, 1994, subject to confirmation by the General Assembly. 
I hereby submit his name to the General Assembly for confirmation. 

I have previously appointed Dr. Womack to serve until July 1, 1987, pursuant to 
G. S. 143B-426. 37(b). 

Sincerely, 
s/James G. Martin 

Referred to State Government Committee. 

LETTER OF RESIGNATION 

The President directs the Reading Clerk to read the following letter: 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

' " Raleigh 27611 

March 11, 1987 

The Honorable Robert B. Jordan, III 
President of the Senate ^ 

Lieutenant Governor of North Carolina T 

Legislative Office Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Jordan: 

This letter is to officially notify you of my resignation from the North Carolina State 
Senate, 26th District. The effective date of my resignation will be March 11, 1987. 

I find it difficult in my heart to leave an institution that I have held in such high esteem 
and great respect. I am convinced that few citizens of our State realize the tremendous 
responsibility that each member of this body shoulders. During my tenure in this of- 
fice, one thing has become more clear to me — knowledge is not wisdom, but wisdom 
is knowing the will of God and applying it in practical everyday decisions. My prayer 
for this body is that you may have wisdom. 

It has been an honor to serve as a Senator in the North Carolina State Senate. I shall 
cherish the memories and friendships and look forward to continued service to our 
State as a member of the North Carolina Utilities Commission. 

With warm and personal regards, I remain. 

Sincerely, 

s/Wm. W. Redman, Jr. 

Senator 

APPOINTMENT FILLING UNEXPIRED TERM 

The President directs the Reading clerk to read the following document relative to 
the appointment of Howard Bryan to fill the vacancy created by the resignation of 
Senator William W. Redman, Jr., effective March 11, 1987. 



March 11. 1987 



86 . SENATE JOURNAL [Session 

STATE OF NORTH CAROLINA 

WHEREAS, The Honorable William W. Redman, elected Senator of the 26th Sena- 
torial District has now resigned; and 

WHEREAS, the provisions of General Statute 163-11 require that the vacancy cre- 
ated by the resignation of The Honorable William W. Redman be filled by appoint- 
ment of the person selected by the District Executive Committee of the Republican 
Party of the 26th Senatorial District; and 

WHEREAS, the Executive Committee of the Republican Party of the 26th Senatorial 
District has selected Howard Bryan of Statesville, North Carolina, to fill said vacancy; 
I do by these presents appoint: 

HOWARD BRYAN 

as a member of the 

NORTH CAROLINA SENATE 

1987 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the great 
Seal of the State in the City of Raleigh, this the 11 day of March, 1987. 

s/James G. Martin 
" '^ Governor of North Carolina 

s/Thad Eure 
Secretary of State 

The President of the Senate welcomes Senator Bryan and directs him to take his seat 
without voting privileges subject to the oath of office scheduled to be administered 
tomorrow, Thursday, March 12. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 22, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund. 

On motion of Senator Rauch, the bill is placed on the Calendar for tomorrow, 
March 12. 

REMOVAL FROM CALENDAR 
S.B. 60 (Committee Substitute) 

Senator Thomas offers a motion that S.B. 60 (Committee Substitute), a bill to 
reduce the rates of unemployment insurance contributions and to establish the Em- 
ployment Security Commission Reserve Fund, be removed from the Calendar for Fri- 
day, March 13, and placed on the Calendar for tomorrow, March 12, as Special Or- 
der of Business No. 1, which motion prevails (electronically recorded). 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 85, a bill to authorize the City of Lexington to purchase natural gas by using 
informal bid procedures. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 



March 11, 1987 



1987] SENATE JOURNAL 87 

H.B. 51, a bill to expand the Alexander County Board of Commissioners from 
three to five members. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 64, a bill to validate a conveyance by Tyrrell County to the Tyrrell County 
Rural Health Association, Inc. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 82, a bill to allow the Town of Navassa to engage in community development 
activities with federal funds within Brunswick County. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 11, a bill to clarify procedures for implementing income withholding pursuant 
to a supporting party's request. 

On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 29 (Committee Substitute), a bill to provide that resolutions of consideration 
adopted under the annexation laws do not confer any jurisdiction on a municipality as 
against any other municipality. 

The Committee Substitute bill passes its second (electronically recorded) reading. 

Senator Simpson objects to the third reading, which objection he subsequently with- 
draws. 

The Committee Substitute bill passes its third reading (electronically recorded, and 
is ordered sent to the House of Representatives. 

S.B. 120, a bill to revise the eligibility requirements for community service parole. 
Senator Swain offers Amendment No. 1 which is adopted (electronically recorded). 
The bill, as amended, passes its second reading (electronically recorded). 
On objection of Senator Kincaid to its third reading, the bill, as amended, remains 
on the Calendar for tomorrow for further consideration. 

S.B. 121, a bill to amend the parole eligibility requirements for committed youthful 
offenders sentenced under Chapter 90 of the General Statutes. 

On motion of Senator Cobb, the bill is recommitted to the Judiciary HI Commit- 
tee (electronically recorded) . 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act. 

Senator Soles offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

Without objection the bill, as amended, is read a third time. 

Senator Simpson offers Amendment No. 2. 

On motion of Senator Soles, further consideration upon third reading of the Com- 
mittee Substitute bill, as amended, with Amendment No. 2 pending, is postponed 
until tomorrow, March 12. 

WITHDRAWAL FROM CALENDAR 

H.B. 67, a bill to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. 

Senator Taft offers a motion to the end that the bill be taken from the Calendar for 
Friday, March 13, and placed before the Senate for immediate consideration, which 
motion prevails. 

Senator Taft offers Amendment No. 1 which is adopted (electronically recorded). 



March 11. 1987 



88 . SENATE JOURNAL [Session 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 

CALENDAR (Continued) 

S.B. 9, a bill to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the Act for some persons or companies provid- 
ing services to the State or local governments, for concurrence in House Amendments 
No. 1 and No. 2. 

On motion of Senator Conder, the Senate concurs in House Amendments No. 1 and 
No. 2 (electronically recorded) and the bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Royall, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



TWENTY-FOURTH DAY 

Senate Chamber, 
*' Thursday, March 12, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Charles M. Cook, Minister of Saint Paul's United 
Methodist Church, Tabor City, as follows: 

"You are Lord of the chain-gang as well as the church; You are Lord of the cinema 
as well as the synagogue; You are Lord of back-alleys as well as high altars; You are 
Lord of taxicabs as well as temples; You are Lord of the profane as well as the pro- 
found. You are Lord of All, Almighty Father, Ever- Living God. As these legislators 
seek to govern the work-place and the marketplace, show them that their work is holy 
work, and enable them to deliberate so that their work need not be undone, and so 
that it need not be redone, that it may shine as a reflection of Your Divine Wisdom. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Johnson of Cabarrus, who is in 
court, for today and to Senator Staton, who is attending the National Conference of 
State Legislatures as Chairman of the Senate Committee on Economic Growth in 
Montgomery, Alabama, for today and tomorrow. 

OATH OF OFFICE 

The President announces that the Principal Clerk has on file the following document 
relative to the oath of office of Senator Howard F. Bryan: 

"I, Howard F. Bryan, do solemnly swear that I will support and maintain the Con- 
stitution and laws of the United States, and I do solemnly and sincerely swear that I 
will be faithful and bear true allegiance to the State of North Carolina and to the 
constitutional powers and authorities which are or may be established for the govern- 
ment thereof; and that I will endeavor to support, maintain, and defend the 



March 12, 1987 



1987] SENATE JOURNAL 89 

Constitution of the United States, to the best of my knowledge and ability; and I do 
solemnly and sincerely swear that I will faithfully discharge the duties of my office as a 
member of the Senate of the 1987 North Carolina General Assembly according to the 
best of my skill and ability, according to law; so help me God." 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Swain for the Judiciary III Committee: 

H.B. 49, a bill to authorize the Administrative Office of the Courts to conduct a 
study of presentence reports, with a favorable report, as amended. 

H.B. 50, a bill to develop a program for academic and vocational education train- 
ing in the Department of Correction, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Kincaid and Simpson: 

S.B. 139, a bill to clarify that at least twelve hours must be served to receive a 
day's credit for imprisonment ordered as a condition of special probation. 
Referred to Judiciary III Committee. 

By Senator Plyler: 

S.B. 140, a bill to allocate funds from the Special Reserve for Oil Overcharge 
Funds to pay the attorneys who represent the State in the oil overcharge litigation. 
Referred to Appropriations Committee. 

By Senators Simpson and Kincaid: 

S.B. 141, a bill to prohibit hunting from the rights-of-way of public roads in Burke 
and Caldwell Counties. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Simpson: 

S.B. 142, a bill to make North Carolina's Capital Punishment Statute more equita- 
ble. 

Referred to Judiciary IV Committee. 

By Senator Guy: 

S.B. 143, a bill to provide that the Board of County Commissioners of Onslow 
County may appoint special peace officers with limited jurisdiction. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Winner, Rand, Soles, and Barnes: 

S.B. 145, a bill to provide for the Court of Appeals to hear certain appeals in which 
life sentences are imposed. 

Referred to Judiciary IV Committee. 



March 12. 1987 



90 ■ SENATE JOURNAL [Session 

By Senators Goldston and Royall: 

S. J.R. 146, a joint resolution to honor the memory of the distinguished jurist and 
legislator, the late Honorable Earl W. Vaughn, and to acknowledge his career of pub- 
lic service and his unique contribution to the State of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Barnes, Thomas, and Winner: 

S.B. 147, a bill to provide for the purchase of uniforms for employees working at 
the State Parks and Recreation Areas. 

Referred to Appropriations Committee. 

By Senator Tally: 

S.B. 148, a bill to appropriate funds to the Department of Cultural Resources to 
reprint historical materials for the schoolchildren of North Carolina. 
Referred to Appropriations Committee. 

By Senators Warren, Allran, Barker, Barnes, Basnight, Conder, Daniel, Ezzell, 
Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Martin of Pitt, Martin of Guilford, Marvin, Plyler, Rand, Rauch, Redman, 
Richardson, Royall, Seymour, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, 
Tally, Thomas, Ward, and Winner: 

S.B. 149, a bill to amend the Constitution and the General Statutes to change the 
method of selecting the members of the State Board of Education and to make the 
office of the Superintendent of Public Instruction appointive. 

Referred to Constitution Committee. 

By Senator Somers: 

S.B. 150, a bill to require the Department of Transportation to set sixty-five miles 
per hour on the rural interstate highways. 
Referred to Transportation Committee. 

By Senator Somers: 

S.B. 151, a bill to abolish the common law rule that a deed must be under seal to 
convey title to real property. . , 

Referred to Judiciary III Committee. 

By Senators Johnson of Cabarrus, McDuffie, and Kincaid: 

S.B. 152, a bill to amend the Constitution and the General Statutes to change the 
term of the members of the State Board of Education and to make the office of the 
Superintendent of Public Instruction appointive. 

Referred to Constitution Committee. 

REMOVAL FROM CALENDAR 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act, as amended, with Amendment No. 2 pending, upon third reading. 

On motion of Senator Soles, the bill, as amended, is taken from the Calendar for 
today and is placed on the Calendar for Tuesday, March 17. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 12, 1987 



1987] SENATE JOURNAL 91 

H.B. 181, a bill to repeal the Hospice sunsetting provision. 
Referred to Human Resources Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
SPECIAL ORDER NO. 1 
S.B. 60 (Committee Substitute) 

The hour having arrived for the consideration of Special Order of Business No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it being S.B. 
60, (Committee Substitute) a bill to reduce the rates of unemployment insurance con- 
tributions and to establish the Employment Security Commission Reserve Fund, upon 
second reading. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 47, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Tally, Thomas, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: Senator Taft — 1. 

The Committee Substitute bill, as amended, remains on the Calendar for tomorrow 
for further consideration upon third reading. 

S.B. 64, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, upon second reading. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow for further considera- 
tion upon third reading. 

H.B. 74, a bill to increase the membership of the Town of Maxton ABC Board to 
four members and to provide for the appointment of the new member. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 20, a bill to eliminate the requirement that a nonresident retail or wholesale 
merchant register with the Department of Revenue for sales tax purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 46, a bill to correct a typographical error in the ABC laws. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 12, 1987 



92 - SENATE JOURNAL [Session 

H.B. 51, an act to expand the Alexander County Board of Commissioners from 
three to five members. (Ch. 8) 

H.B. 64, an act to validate a conveyance by Tyrrell County to the Tyrrell County 
Rural Health Association, Inc. (Ch. 9) 

H.B. 82, an act to allow the Town of Navassa to engage in community develop- 
ment activities with federal funds within Brunswick County. (Ch. 10) 

S.B. 9, an act to amend the Alarm Systems Licensing Act to provide for an addi- 
tional exemption from the coverage of the Act for some persons or companies provid- 
ing services to the State or local governments. (Ch. 11) 

CALENDAR (Continued) 

S.B. 120, a bill to revise the eligibility requirements for community service parole, 
as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

H.B. 22, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund, upon second reading. 

Senator Rauch offers amendment No. 1 

Senator Thomas submits a substitute amendment. 

The Chair rules an amendment to pending Amendment No. 1 is in order, but a 
substitute amendment to the bill is out of order and rules the amendment submitted by 
Senator Thomas out to order. 

Senator Thomas offers a motion that the bill with Amendment No. 1 pending be 
removed from the Calendar and placed on the Calendar for tomorrow, March 13, 
which motion fails to prevail (electronically recorded). Amendment No. 1 is adopted 
(electronically recorded) . 

Senator Thomas offers Amendment No. 2. Senator Rauch rises to a point of order 
as to the effect of a defeated amendment to a pending bill not under consideration. 
The Chair rules the failure to adopt this amendment does not affect another bill not 
under consideration in any way. Amendment No. 2 is adopted (electronically re- 
corded) . 

Senator Goldston offers Amendment No. 3 which he subsequently withdraws. 

The bill, as amended, passes its second reading by roll-call vote, ayes 47, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow, March 13, for further 
consideration upon third reading. 

On motion of Senator Harrington, seconded by Senator Taft, the Senate adjourns to 
meet tomorrow at 10:00 A.M. 



March 12. 1987 



1987] SENATE JOURNAL 93 

?;noiJi^4i^.-w;i^. >.v • TWENTY-FIFTH DAY - - 

Senate Chamber, 
Friday, March 13, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Glenda Johnson, Associate Minister of Highland 
Methodist Church, Raleigh, as follows: 

"Eternal God, our Senators who have come here today are prepared to complete a 
week of important work. They realize fully that decisions they make affect many, 
many people. The burden of deciding what is right and honorable and the better thing 
to do in each matter under consideration in these chambers rests heavily upon the 
hearts and the minds of these servants of the people of North Carolina. And so it is 
my prayer that You, O God, will bring forth the best in each of these leaders in the 
public sector, that You will expand their vision, that You will give them courage to 
address issues with openness, clarity, and decisiveness. 

"We pray today for persons here who carry heavy personal burdens; grant them 
strength, give them comfort. We pray for those who have illness in their families; may 
Your healing presence embrace them. 

"Now may Your amazing and never-ending love be as near to us as the air which 
surrounds us and as genuine and transforming as the morning sun which changes the 
darkest night into the light of day. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Kaplan, Rand, and Harris and to 
Senators Hunt of Moore and Royall, who are attending the National Conference of 
State Legislatures in Montgomery, Alabama, for today. A leave of absence granted 
previously to Senator Staton is noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee. 

S. J.R. 54, a joint resolution to continue the work of the Legislative Research Com- 
mission's Study of the Problems of Aging, with a favorable report. 

On motion of Senator Harrington, the joint resolution is re-referred to the Appro- 
priations Committee. 

H.J.R. 105, a joint resolution urging Congress to take final action on the 1987 
Federal Highway Act, with a favorable report. 

On motion of Senator Warren, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

S.B. 56, a bill to establish the North Carolina Alzheimer's Disease and Related 
Disorders Study Commission, with a favorable report, as amended. 

On motion of Senator Harrington, the rules are suspended and the bill is placed 
before the Senate for immediate consideration, and on his further motion Committee 
Amendment No. 1 is adopted. 



March 13, 1987 



94 - SENATE JOURNAL [Session 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

REPORT OF SELECT COMMITTEE 

In the absence of the Chairman, Senator Kenneth C. Royal! , Jr., Senator Harold 
W. Hardison, Vice-Chairman of the Mental Health Study Commission presents the 
Final Report and Recommendations of the Commission to the General Assembly. The 
Senate accepts the Report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Plyler and Conder: 

S.B. 153, a bill to allow Scotland County to convey a tract of land at private sale to 
the Scotland County Stadium-Civic Center, Inc. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators McDuffie and Smith: 

S.B. 154, a bill requiring the reporting by law enforcement, school and social serv- 
ice personnel instances of abuse or neglect. 

Referred to Children and Youth Committee. 

By Senators Ward, Basnight, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Plyler, Rand, Royall, 
Smith, Soles, Staton, Taft, Tally, and Walker: 

S.J.R. 155, a joint resolution adopting the Child Mental Health Plan and the 
Youth Substance Abuse Plan as policy guidance for the development of services over 
the next ten years. 

Referred to Children and Youth Committee. 

By Senators Kaplan, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Sherron, Soles, Speed, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner: 

S.B. 156, a bill to create the Office of Emergency Employment. , ., 

Referred to Economic Growth Committee. 

By Senators Block, Barker, Barnes, Daniel, Harris, Hipps, Hunt of Durham, 
Johnson of Wake, Kaplan, Richardson, Sands, Seymour, Soles, and Ward: 

S.B. 157, a bill to establish a commission to study the relationship of the State of 
North Carolina to the motion picture industry, and to make recommendations to foster 
an ongoing positive relationship. 

Referred to Rules and Operation of the Senate Committee. 

By Senator McDuffie: 

S.B. 158, a bill to adopt a comparative fault system inapplicable to State torts and 
to eliminate joint and several liability. 
Referred to Insurance Committee. 



March 13, 1987 



1987] SENATE JOURNAL 95 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 33, a bill establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 39 (Committee Substitute), a bill to change the date for the Martin Luther 
King, Jr. , legal public holiday to the same date provided by federal law and to provide 
for a paid holiday for State employees on that date. 

Referred to Judiciary I Committee. 

H.B. 88, a bill to amend the Charter of the City of Greensboro to provide enforce- 
ment powers for the fair housing ordinance. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 106, a bill to exempt the Town of Farmville from having to comply with the 
public bidding law with respect to the May House building and grounds development as 
a public park to be made with private funds. 

Referred to Local Government and Regional Affairs H Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 24, an act authorizing the Salisbury City Council to convey certain real prop- 
erty. (Ch. 12) 

S.B. 83, an act to amend the Charter of the Town of Landis to implement the 
council-manager form of government. (Ch. 13) 

H.B. 46, an act to correct a typographical error in the ABC laws. (Ch. 14) 

H.B. 74, an act to increase the membership of the Town of Maxton ABC Board to 
four members and to provide for the appointment of the new member. (Ch. 15) 

S. J.R. 144, a joint resolution providing that the Speaker of the House of Represen- 
tatives and the President of the Senate may, during the 1987 Regular Session, provide 
for joint sessions of both Houses to act on confirmation of nominees or appointments. 
(Res. 6) 

EXECUTIVE ORDERS 

The Chair refers Executive Orders No. 26 through No. 36, received following ad- 
journment sine die of the 1985 Session of the General Assembly, to the State Gov- 
ernment Committee as follows: 

Executive Order Number 26, Emergency Drought Relief 

Executive Order Number 27, North Carolina Fund for Children and Families 
Commission 

Executive Order Number 28, Private Development Bonds 

Executive Order Number 29, Governor's Task Force on Racial, Religious, and 
Ethnic Violence and Intimidation 

Executive Order Number 30, Amendment to Executive Order Number 1, North 
Carolina Board of Ethics 

Executive Order Number 31, Amendment to Executive Order Number 28, Pri- 
vate Development Bonds 



March 13, 1987 



96 • SENATE JOURNAL [Session 

Executive Order Number 32, Governor's Literacy Council 

Executive Order Number 33, Amending Executive Order Number 1, North 
Carolina Board of Ethics, Extending Expiration Date of Executive Order Number 1 to 
January 29, 1989 

Executive Order Number 34, Governor's Program to Encourage Business En- 
terprises Owned by Minority, Women and Disabled Persons 

Executive Order Number 35, Transferring the State Information Processing 
Services (SIPS) to the Office of the State Controller 

Executive Order Number 36, Governor's Task force on the Farm Economy in 
North Carolina and Governor's Advisory Committee on Agricultural Parks 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 64, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Dur- 
ham, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, Parnell, Plyler, Rauch, Richardson, Sands, Seymour, Shaw, Sher- 
ron, Simpson, Smith, Speed, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, 
and Winner — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 60, (Committee Substitute) a bill to reduce the rates of unemployment insur- 
ance contributions and to establish the Employment Security Commission Reserve 
Fund, as amended, upon third reading. 

On motion of Senator Thomas, consideration of the Committee Substitute bill, as 
amended, is postponed until Tuesday, March 17. 

H.B. 22, a bill to reduce the rates of unemployment insurance contributions and to 
establish the Employment Security Commission Reserve Fund, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Speed, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger for concurrence in Senate Amendments No. 1 and No. 2. 

H.B. 49, a bill to authorize the Administrative Office of the Courts to conduct a 
study of presentence reports. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 



March 13. 1987 



1987] SENATE JOURNAL 97 

H.B. 50, a bill to develop a program for academic and vocational education train- 
ing in the Department of Correction. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 

On motion of Senator Harrington, seconded by Senator Sherron, the Senate ad- 
journs to meet Monday at 7:00 P.M. 



V TWENTY-SIXTH DAY 

Senate Chamber, 
Monday, March 16, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend G. Paul Phillips III, Associate Director of the 
North Carolina Conference Council on Ministries of the United Methodist Church, 
Raleigh. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Martin of Pitt, Smith, and Win- 
ner for tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Harrington: 

S.B. 159, a bill to appropriate funds for capital improvements at Roanoke-Chowan 
Technical College. 

Referred to Appropriations Committee. " 

By Senator Harris: 

S.B. 160, a bill to allow 16 and 17 year olds to drive an automobile or truck less 
than 6,000 pounds gross weight for the purpose of making deliveries for those pharma- 
cies that are not otherwise governed by the Federal Fair Labor Standards Act. 

Referred to Judiciary III Committee. 

By Senator Harris: \ •! j : 

S.B. 161, a bill to authorize the expenditure of public water supply administrative 
penalty funds to improve water supply systems serving foster homes. 
Referred to Human Resources Committee. 

By Senator Hardison: 

S.B. 162, a bill to provide that receipts from the tax on native wine shall be used to 
promote the grape industry. 

Referred to Appropriations Committee. 



March 16. 1987 



98 " SENATE JOURNAL [Session 

By Senators Seymour, Allran, Bryan, Daniel, Goldston, Hunt of Moore, Kincaid, 
Martin of Guilford, Sands, Shaw, Smith, Walker, and Ward. 

S.B. 163, a bill to appropriate funds to the Tarheel Triad Girl Scout Council, Inc. , 
for capital improvements at its Keyauwee Center. 
Referred to Appropriations Committee. 

By Senators Walker, Barker, Block, Conder, Hipps, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, Plyler, Rauch, 
Richardson, Staton, Tally, Thomas, and Winner. 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina. 
Referred to Environment Committee. 

By Senator Warren: 

S. J.R. 165, a joint resolution honoring the centennial of the Town of Kenly and the 
memory of its founders. 

On motion of Senator Warren the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

By Senator Warren: 

S.J.R. 166, a joint resolution honoring the centennial of the Town of Benson and 
the memory of its founders. 

On motion of Senator Warren the joint resolution is placed before the Senate for 
immediate consideration. 

Senator Soles offers Amendment No. 1 which is adopted (electronically recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and 
third readings and is ordered, without objection, sent to the House of Representatives 
by special messenger, without engrossment. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 34, a bill to change the title "tax supervisor" to "assessor". 
Referred to Finance Committee. 

H.B. 80, a bill to provide for a special reserve for the funds received by Iredell 
County from the sale of Lowrance Hospital. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 154 (Committee Substitute), a bill to authorize more counties to regulate 
abandoned junked vehicles for aesthetic purposes. 

Referred to Local Government and Regional Affairs I Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 16. 1987 



1987] SENATE JOURNAL 99 

S.B. 5, an act to extend the time by which a tax collector must make his annual 
report and settlement of property taxes collected. (Ch. 16) 

H.B. 22, an act to reduce the rates of unemployment insurance contributions and 
to establish the Employment Security Commission Reserve Fund. (Ch. 17) 

H.J.R. 105, a joint resolution urging Congress to take final action on the 1987 
Federal Highway Act. (Res. 7) 

RECONSIDERATION 

H.B. 49, a bill to authorize the Administrative Office of the Courts to conduct a 
study of presentence reports. 

Senator Swain moves that the vote by which the bill, as amended, passed its third 
reading on Friday, March 13, be reconsidered, which motion prevails. 

Senator Swain offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered sent to the House of Representatives for concurrence in Senate Amendments 
No. 1 and No. 2. 

JOINT SESSION TO CONFIRM UTILITIES COMMISSIONER 

Pursuant to S.J.R. 144, a joint resolution providing that the Speaker of the House 
of Representatives and the President of the Senate may, during the 1987 Regular Ses- 
sion, provide for joint sessions of both Houses to act on confirmation of nominees or 
appointments, the President of the Senate announces a Joint Session of the General 
Assembly for Tuesday, March 17, at 1:50 P.M., to act on the confirmation of Wil- 
liam W. Redman, Jr., appointed by Governor Martin to the North Carolina Utilities 
Commission. 

COMMITTEE APPOINTMENTS 

The President appoints Senator Bryan to serve on the following Standing Commit- 
tees: Finance, Local Government and Regional Affairs II, Agriculture, 
Transportation, Election Laws, Pensions and Retirement, and Human 
Resources. 

The President recognizes the following pages serving in the Senate this week: 
Michael Bradshaw, Raleigh; Daniel Howard Bridges, Asheville; Rachel L. Cox, At- 
lantic Beach; Joseph Michael Daniels, Wanchese; Tanya Denton, Zebulon; Jeanine 
Campbell Evans, Kitty Hawk; Steven Willard Fowler, Nakina; William Bryan Fuller, 
Wilmington; Radcliff Hester, Manteo; Jonathan C. Hickman, Charlotte; Elizabeth 
Mclntyre, Kings Mountain; Elizabeth Grimes Purrington, Raleigh; Charles Madison 
Shelton, Jr., King; Jamie Stewart, Charlotte; Amy Elizabeth Turner, Kings Moun- 
tain; and Steven Wooten, Raleigh. 

On motion of Senator Harrington, seconded by Senator Tally, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



TWENTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 17, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



March 17, 1987 



100 - SENATE JOURNAL [Session 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Life, we thank Thee for all the blessings of life. For the love and support 
of our families, for the inspiration and guidance of Thy Word, for the memory and 
example of men and women of faith, like St. Patrick of old, who served Thee well, 
and for the high and holy privilege of being Your servants in this arena, we give Thee 
thanks, O Lord. 

"O God of the Nations, we pray that we, like Moses, the Great Law Giver, may 
speak to Thee face to face, that we may be meek before Thee, that we may be patient 
with the grumblings of Thy people, and that we may be bold in interceding before Thee 
for the needs of Thy people. 

"O God of Wisdom, as we wrestle with complicated and controversial issues in this 
Session of the General Assembly, we, like Solomon of old, pray Thee to give us 
understanding minds, so that we may discern the pathway which will best serve the 
needs of our people. 

"O God of Justice, once we have weighed all sides of each issue carefully, give us 
the courage to vote our convictions on each bill, so that this Body may enact laws 
which will compassionately meet the needs of all the people of this great State. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J.R. 165, a joint resolution honoring the centennial of the Town of Kenly and the 
memory of its founders. (Res. 8) 

S.J.R. 166, a joint resolution honoring the centennial of the Town of Benson and 
the memory of its founders. (Res. 9) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barnes for the Judiciary I Committee. 

H.B. 39 (Committee Substitute), a bill to change the date for the Martin Luther 
King, Jr. , legal public holiday to the same date provided by federal law and to provide 
for a paid holiday for State employees on that date, with a favorable report. 

By Senator Richardson for the Veterans Affairs and Senior Citizens Com- 
mittee. 

S.B. 57, a bill to appropriate funds for the North Carolina Senior Games Program, 
with a favorable report. 

On motion of Senator Richardson, the bill is re-referred to the Appropriations 
Committee. 

S.B. 58, a bill to provide for an Elderly and Handicapped Transportation Assis- 
tance Program to be administered by the Department of Transportation, with a favor- 
able report, as amended. 

On motion of Senator Richardson, the rules are suspended and the bill is placed 
before the Senate for immediate consideration and on his further motion Committee 
Amendment No. 1 is adopted. 



March 17, 1987 



1987] SENATE JOURNAL 101 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

By Senator Staton for the Economic Growth Committee. 

S.B. 63, a bill to establish the Legislative Commission on Regional Growth Trends 
and Development Issues, with a favorable report, as amended. 

On motion of Senator Staton, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Speed: 

S.B. 167, a bill to amend the provisions which forbid local board of health mem- 
bers to serve more than three consecutive three-year terms. 
Referred to Human Resources Committee. 

By Senator Harrington: 

S.B. 168, a bill to appropriate funds for operating and production costs at 
Roanoke-Chowan Sheltered Workshop. 

Referred to Appropriations Committee. 

By Senators Walker and Tally: , . 

S.B. 169, a bill to appropriate funds to the Historic Preservation Foundation of 
North Carolina, Inc., for the statewide revolving fund for historic preservation. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Sherron, and Staton: 

S.B. 170, a bill to grant additional eminent domain powers to the Town of Apex for 
water and sewer lines and water and sewer treatment facilities. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Johnson of Wake, Sherron, and Staton: 

S.B. 171, a bill to allow the Town Manager of Apex to appoint the Town Clerk. 
Referred to Local Government and Regional Affairs I Committee. 

By Senators Taft, Barker, Ezzell, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Martin of Guilford, Rand, Richardson, Sands, Sherron, Soles, Staton, and 
Swain: 

S.B. 172, a bill to amend the Workers* Compensation Act. 
Referred to Manufacturing and Labor Committee. 

By Senators Taft, Ezzell, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Martin of Guilford, Richardson, Sands, Sherron, Soles, Staton, Swain, and Winner: 

S.B. 173, a bill to establish the salaries of the Industrial Commission members to 
be the same as the salaries of the members of the Utilities Commission. 
Referred to Manufacturing and Labor Committee. 



March 17, 1987 



id2 - SENATE JOURNAL [Session 

By Senators Taft, Barker, Ezzell, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Martin of Guilford, Rand, Richardson, Sands, Sherron, Soles, Staton, Swain, 
and Winner: 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers. 

Referred to Manufacturing and Labor Committee. 

By Senators Rand and Tally: 

S.B. 175, a bill to amend the Fayetteville City Charter regarding the benefits a 
retired city fireman is entitled to. 

Referred to Pensions and Retirement Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES ' 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 54 (Committee Substitute), a bill to change the limit on the amount of funds 
clerks may receive on behalf of minors and incompetents. 
Referred to Judiciary II Committee. 

APPOINTMENTS OF THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

STATE OF NORTH CAROLINA .^ 

OFFICE OF THE GOVERNOR 
^ RALEIGH 27611 ■ v c - 

,/■'■■' '■■^- • ' March 17, 1987 ;,, ^-^ ; ....^le-m/^'":!) '^V 

The Honorable Robert B. Jordan III r- . r !: 

Lieutenant Governor of North Carolina 

State Legislative Building r • 

Raleigh, North Carolina 27611 ? 

Dear Lieutenant Governor Jordan: 

I hereby transmit to you the names of the following persons appointed by me to the 
State Board of Education and submit them to the General Assembly for confirmation, 
pursuant to North Carolina General Statute Section 115C-10. 

1. Patricia H. Neal 

> - Durham County -^^ 

At-large member <** V/ji-n 

2. William C. Meekins, Jr. 
Pasquotank County 
Education District No. 1 

3. Howard H. Haworth ' " 
Burke County 

Education District No. 7 

Thank you in advance for your assistance on this matter. 



March 17. 1987 



1987] SENATE JOURNAL 103 



Sincerely, 

s/James G. Martin 
Governor 



Referred to Education Committee. 



The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body that the Senate stands ready to repair to the Hall of the 
House of Representatives pursuant to S. J.R. 144, a joint resolution providing that the 
Speaker of the House of Representatives and the President of the Senate may, during 
the 1987 Regular Session, provide for joint sessions of both Houses to act on confir- 
mation of nominees or appointments, for the purpose of acting upon the confirmation 
of William W. Redman as a member of the North Carolina Utilities Commission. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
' March 17, 1987 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House of Representatives stands ready to receive the Senate in Joint Session, at 
1:50 p.m., for the purpose of confirming the Governor's nominee to the North Caro- 
lina Utilities Commission. 

Respectfully, 
s/Grace A. Collins 
Principal Clerk 

On motion of Senator Harrington, in accordance with S.J.R. 144, the Senate re- 
cesses to repair to the Hall of the House of Representatives, there to sit in Joint Ses- 
sion, and on his further motion, upon dissolution of the Joint Session to return to the 
Senate Chamber for the further consideration of business. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Lieutenant Governor Robert B. Jordan III, 
President of the Senate. 

The Clerk of the Senate calls the roll of the Senate, and the following members 
answer the call: Senators Allran, Barker, Barnes, Basnight, Bryan, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Win- 
ner— 48. 

The roll-call of the House of Representatives is recorded electronically, and the 
following members answer the call: Speaker Ramsey, Representatives Alexander, 
Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bowman, Boyd, 
Brannan, B. Brown, J. Brown, Buchanan, Bumgardner, Burke, Chalk, Chapin, 
Church, Cochrane, Colton, Cooper, Craven, J. W. Crawford, N. J. Crawford, 
Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, 



March 17, 1987 



104 SENATE JOURNAL [Session 

Edwards, Enloe, Bob Etheridge, L. Etheridge, Fitch, Fletcher, Foster, Freeman, 
Fussell, Gardner, Greenwood, Grimmer, Hackney, Hall, Hardaway, Hasty, Hege, 
Hightower, Holroyd, Holt, Huffman, Jack Hunt, Judy Hunt, S. Hunt, Hunter, Isen- 
hower, James, Jarrell, Jones, Justus, Keesee-Forrester, Kennedy, Kerr, Ligon, Lil- 
ley, Lineberry, Locks, Lutz, McAlister, McLaughlin, Mavretic, Michaux, Miller, 
Mothershead, Murphy, Nesbitt, Nye, Owens, Payne, Perdue, Privette, Raynor, Red- 
wine, Rhyne, Rogers, Sizemore, Stamey, Starnes, Tart, R. Thompson, Tyndall, 
Walker, Warner, E. Warren, Watkins, Wicker, Wilmoth, Windley, Wiser, and 
Wright - 105. 

Lieutenant Governor Jordan declares a quorum of each Body present. The Joint 
Session proceeds with the business for which it is convened. 

Lieutenant Governor Jordan directs the Reading Clerk of the House to read the fol- 
lowing messages from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

January 5, 1987 

The Honorable Robert B. Jordan III 

President of the Senate 

Lieutenant Governor of North Carolina 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina Utilities Commission 

Dear Lieutenant Governor Jordan: 

Pursuant to N.C. G.S. 62-10, I appoint Senator William W. Redman, Jr., Iredell 
County, as a member of the North Carolina Utilities Commission for the term begin- 
ning July 1, 1987 and ending June 30, 1995 and, effective January 5, 1987, to fill the 
vacancy caused by the resignation of Mr. Hart well Campbell, whose term expires June 
30, 1987. I hereby submit his name to the General Assembly for confirmation. 

Sincerely, 

s/James G. Martin 
Governor 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

January 5, 1987 

The Honorable Liston B. Ramsey 
Speaker of the House 
Legislative Building 
Raleigh, North Carolina 27611 

Re: North Carolina Utilities Commission 

Dear Mr. Speaker: 

Pursuant to N.C. G.S. 62-10, I appoint Senator William W. Redman, Jr., Iredell 
County, as a member of the North Carolina Utilities Commission for the term 



March 17, 1987 



1987] SENATE JOURNAL 105 

beginning July 1, 1987 and ending June 30, 1995 and, effective January 5, 1987, to 
fill the vacancy caused by the resignation of Mr. Hartwell Campbell, whose term ex- 
pires June 30, 1987. I hereby submit his name to the General Assembly for confirma- 
tion. 

' '^ i Sincerely, v 

s/James G. Martin 
Governor 

Lieutenant Governor Jordan recognizes Senator Hardison, Chairman of the Senate 
Commerce Committee, who submits the following report: 

North Carolina General Assembly 

" Senate Chamber 

State Legislative Building 
Raleigh 27611 

' ' March 5. 1987 

The Honorable Robert B. Jordan III 
President, North Carolina Senate 
Legislative Office Building 
Raleigh, North Carolina 27611 

Dear Mr. President: 

In compliance with the provisions of G.S. 62-10(a) requiring appointees to the 
Utilities Commission to be confirmed by the General Assembly in Joint Session, Gov- 
ernor Martin has submitted his appointee, William W. Redman, Jr., for confirma- 
tion. The Governor has appointed Senator Redman to complete the term of Commis- 
sioner Hartwell Campbell, which ends June 30, 1987, and to the succeeding term 
which begins July 1, 1987 and ends June 30, 1995. 

The Senate Committee on Commerce has considered the appointment and makes 
the following recommendation to this Joint Session: 

That the appointment of William W. Redman, Jr. as Commissioner 
of the North Carolina Utilities Commission for the remainder of Com- 
missioner Campbell's term, and for the succeeding term, be con- 
firmed. 

Respectfully Submitted, 
. -^^ ^ s/Harold W. Hardison 

Chairman 
Senate Committee on Commerce 

Lieutenant Governor Jordan recognizes Representative Bumgardner, Chairman of 
the Committee on Public Utilities of the House of Representatives, who submits the 
following report: 



North Carolina General Assembly 
House of Representatives 
State Legislative Building 
: Raleigh 27611 



The Honorable Liston B. Ramsey 
North Carolina House of Representatives 
State Legislative Building 
Raleigh, North Carolina 27611 



March 17, 1987 



106 SENATE JOURNAL [Session 

Dear Mr. Speaker: 

In compliance with the provisions of G.S. 62-10(a) requiring appointees to the 
Utilities Commission to be confirmed by the General Assembly in Joint Session, Gov- 
ernor Martin has submitted his appointee, William W. Redman, Jr., for confirma- 
tion. The Governor has appointed Senator Redman to complete the term of Commis- 
sioner Hartwell Campbell, which ends June 30, 1987, and to the succeeding term 
which begins July 1, 1987 and ends June 30, 1995. 

The House Committee on Public Utilities has considered the appointment and 
makes the following recommendation to this Joint Session: 

That the appointment of William W. Redman, Jr. as Commissioner 
of the North Carolina Utilities Commission for the remainder of Com- 
missioner Campbell's term, and for the succeeding term, be con- 
firmed. 

Respectfully Submitted, 
Representative David W. Bumgardner, Jr. 
^f Chairman, Public Utilities Committee 

Senator Hardison moves that the Senate do confirm the appointment of William W. 
Redman, Jr., as a member of the North Carolina Utilities Commission. 

The motion to confirm the appointment of William W. Redman, Jr., as a member 
of the North Carolina Utilities Commission prevails by roll-call vote: ayes 49, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Roy all. Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

Lieutenant Governor Jordan relinquishes the gavel to the Speaker of the House of 
Representatives. 

Representative Bumgardner moves that the House of Representatives do confirm the 
appointment of William W. Redman, Jr. , as a member of the North Carolina Utilities 
Commission. 

The motion to confirm the appointment of William W. Redman, Jr., as a member 
of the North Carolina Utilities Commission prevails by roll-call vote: ayes 107, noes 
0, as follows: 

Those voting in the affirmative: Speaker Ramsey, Representatives Alexander, An- 
derson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bowman, Boyd, 
Brannan, B. Brown, J. Brown, Buchanan, Bumgardner, Burke, Chalk, Chapin, 
Church, Cochrane, Colton, Cooper, Craven, J. W. Crawford, N. J. Crawford, 
Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, 
Edwards, Enloe, Bob Etheridge, L. Etheridge, Fitch, Fletcher, Foster, Freeman, 
Fussell, Gardner, Gist, Greenwood, Grimmer, Hackney, Hall, Hardaway, Hasty, 
Hege, Hightower, Holroyd, Holt, Huffman, Jack Hunt, Judy Hunt, S. Hunt, Hunter, 
Isenhower, James, Jarrell, Jones, Justus, Keesee-Forrester, Kennedy, Kerr, Ligon, 
Lilley, Lineberry, Locks, Lutz, McAlister, McLaughlin, Mavretic, Michaux, Miller, 
Mothershead, Murphy, Nesbitt, Nye, Owens, Payne, Perdue, Privette, Raynor, Red- 
wine, Rhyne, Rogers, Sizemore, Stamey, Starnes, Tart, R. Thompson, S. 
Thompson, Tyndall, Walker, Warner, E. Warren, Watkins, Wicker, Wilmoth, 
Windley, Wiser, and Wright - 107. 



March 17, 1987 



1987] SENATE JOURNAL 107 

Voting in the negative: None. 

Speaker Ramsey relinquishes the gavel to Lieutenant Governor Jordan. 

Receiving an affirmative majority vote of both Bodies, the Chair announces the ap- 
pointment of William W. Redman, Jr., as a member of the North Carolina Utilities 
Commission is confirmed. 

Lieutenant Governor Jordan orders the Governor notified of the action of the Gen- 
eral Assembly, sitting in Joint Session, upon the confirmation of the appointment of 
William W. Redman, Jr., as a member of the North Carolina Utilities Commission. 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular business. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 60, (Committee Substitute) a bill to reduce the rates of unemployment insur- 
ance contributions and to establish the Employment Security Commission Reserve 
Fund, as amended, upon third reading. 

On motion of Senator Rauch, the Committee Substitute bill, as amended, is re-re- 
ferred to the Finance Committee. 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act, as amended, with Amendment No. 2 pending, upon third reading. 

On motion of Senator Soles, the Committee Substitute bill, as amended, with 
Amendment No. 2 pending, is re-referred to the Finance Committee. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions previ- 
ously introduced: 

Senator Hunt of Moore: 

S.B. 53, a bill to authorize the Greene County Committee of 100 to use previously 
appropriated funds to construct a building for industrial development rather than for 
mass gatherings. 

Senator Hunt of Moore: 

S.B. 163, a bill to appropriate funds to the Tarheel Triad Girl Scout Council, Inc., 
for capital improvements at its Key au wee Center. 

Senator Seymour: 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina. 

RE-REFERRAL 

S.B. 162, a bill to provide that receipts from the tax on native wine shall be used to 
promote the grape industry. 

On motion of Senator Hardison, the bill is taken from the Appropriations Com- 
mittee and re-referred to the Finance Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



March 17, 1987 



108 . SENATE JOURNAL [Session 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Coniniittee. 

S.B. 8, a bill to merge the Towns of Hazelwood and Waynesville, subject to refer- 
endum, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Hunt of Moore, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration and on her fur- 
ther motion the Committee Substitute bill is adopted. 

On motion of Senator Hunt of Moore, the Committee Substitute bill is placed on the 
Calendar for Thursday, March 19. 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax, with a 
favorable report. 

On motion of Senator Harrington, seconded by Senator Ward, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



;^^ TWENTY-EIGHTH DAY 

Senate Chamber, 

w-ri . . *; v; v ^^^ ^ ^ : :* , , ; Wednesday, March 18, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Neil E. Smith, Minister of Woodmont United 
Methodist Church, Reidsville. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee. 

S.B. 141, a bill to prohibit hunting from the rights-of-way of public roads in Burke 
and Caldwell Counties, with a favorable report. 

By Senator Rauch for the Finance Committee. 

S.B. 130, a bill to amend the City of Raleigh facility fee enabling legislation, with a 
favorable report. 

S.B. 23, a bill to delete references in the property tax statutes to the obsolete posi- 
tion of list taker, with a favorable report, as amended. 

S.B. 26, a bill to clarify the privilege license tax on peddlers, itinerant merchants, 
and flea market operators, with a favorable report, as amended. 

By Senator Guy for the State Government Committee. 

S.B. 62, a bill to establish and maintain a Depository Library System for publica- 
tions of North Carolina State Government, with a favorable report. 

On motion of Senator Guy, the bill is re-referred to the Appropriations Com- 
mittee. 



March 18, 1987 



1987] SENATE JOURNAL 109 

H.B. 70, a bill to correct the effective date of the North Carolina Therapeutic Rec- 
reation Personnel Certification Act, with a favorable report. 

By Senator Kaplan for the Election Laws Committee. 

H.B. 45, a bill to allow even-year elections for some multi-county sanitary dis- 
tricts, with a favorable report. 

By Senator Barnes for the Judiciary I Committee. 

S.B. 100, a bill to clarify the provision of G.S. 48-36 (d) specifying what shall be 
contained in an order changing the name of an adopted person who is 18 or more 
years of age as recommended by the General Statutes Commission, with a favorable 
report. 

By Senator Harris for the Human Resources Committee. 

S.B. 78, a bill to require adequate disclosure by continuing care facilities, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Hunt of Moore, and Johnson of Wake: 

S.B. 176, a bill to provide for a comprehensive study of the State Personnel Classi- 
fication System. 

Referred to State Personnel Committee. 

By Senators Staton, Hunt of Moore, and Johnson of Wake: 

S.B. 177, a bill to establish a State employee occupational health clinic pilot pro- 
gram. 

Referred to State Personnel Committee. 

By Senators Staton, Hunt of Moore, and Johnson of Wake: 

S.J.R. 178, a joint resolution to continue the work of the Legislative Research 
Commission's Committee on State Personnel. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Staton, Sherron, and Johnson of Wake: 

S.B. 179, a bill to authorize a single purchase-transportation permit for certain 
large purchases of spirituous liquor. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Johnson of Cabarrus: ^ - .J. 

S.B. 180, a bill to require the suspension of drivers licenses of persons convicted of 
drug offenses. 

Referred to Judiciary I Committee. ^ 

By Senators Smith and Johnson of Wake: 

S.J.R. 181, a joint resolution to honor the life and memory of Russell F. Van 
Landingham, a former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 



March 18, 1987 



ff i « SENATE JOURNAL [Session 

By Senators Martin of Guilford, Seymour, and Shaw: 

S.B. 182, a bill to increase the maximum fine for violation of ordinances of the City 
of Greensboro from fifty dollars to five hundred dollars, but only if the ordinance spe- 
cifically provides for the higher penalty. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Sands, Barker, Block, Daniel, Hipps, Hunt of Durham, Kaplan, 
Rauch, Richardson, and Seymour: 

S.B. 183, a bill to provide that the Division of Motor Vehicles may not give oral 
drivers license tests to provisional licensees. 
Referred to Transportation Committee. 

By Senators Ward, Barker, Barnes, Basnight, Daniel, Goldston, Hardison, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, Plyler, Rand, Royall, Sherron, Speed, Staton, Tally, and Warren: 

S.B. 184, a bill to direct the public schools to refer students who drop out of the 
public schools to appropriate services. 
Referred to Education Committee. 

By Senators Ward, Barker, Barnes, Basnight, Daniel, Goldston, Hardison, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, Plyler, Rand, Royall, Sherron, Speed, Staton, Tally, and Warren: 

S.B. 185, a bill to address the literacy problem in North Carolina with the goal of a 
substantial reduction in illiteracy rate by the year 2000. 
Referred to Education Committee. 

By Senators Ezzell and Martin of Guilford: 

S.J.R. 186, a joint resolution honoring the life and memory of Dr. K. Z. Chavis. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Smith: 

S.B. 187, a bill to amend the Charter of the City of Lexington to change the elec- 
tion system. 

Referred to Election Lav/s Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 182, a bill to provide additional procedures for Caldwell County to increase 
the size of fire tax districts. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 214, a bill to conform the hours of alcohol sales to federal Daylight Savings 
Time. 

Referred to Alcoholic Beverage Control Committee. 

JOINT SESSION TO CONFIRM BANKING COMMISSIONER 

Pursuant to S.J.R. 144, a joint resolution providing that the Speaker of the House 
of Representatives and the President of the Senate may, during the 1987 Regular Ses- 
sion, provide for joint sessions of both Houses to act on confirmation of nominees or 



March 18, 1987 



1987] SENATE JOURNAL 111 

appointments, the President of the Senate announces a Joint Session of the General 
Assembly for Thursday, March 19, at 1:50 P.M., to act on the confirmation of Ben- 
jamin Thompson Tison III, appointed Banking Commissioner of North Carolina by 
Governor Martin. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax, upon 
second reading. 

On motion of Senator Rauch the bill is re-referred to the Finance Committee. 

H.B. 39 (Committee Substitute), a bill to change the date for the Martin Luther 
King, Jr. , legal public holiday to the same date provided by federal law and to provide 
for a paid holiday for State employees on that date. 

Without objection, on motion of Senator Rauch, seconded by Senator Harris, the 
remarks of Senator Martin of Guilford are spread upon the Journal as follows: 

"Section 1 of the Martin Luther King, Jr. Holiday bill changes the date on which 
Martin Luther King, Jr. 's birth is recognized as a legal public holiday from January 15 
to the third Monday in January. This is consistent with the federal holiday and with 
most states. The North Carolina General Assembly in 1983 enacted legislation mak- 
ing the January 15 date a legal public holiday, but we did not make it a paid holiday. 

"Section 2 of the bill dictates that the State Personnel Commission shall designate 
Dr. King's birthday, the third Monday, as a paid legal holiday if any holidays are to 
be paid legal holidays. Section 2 also limits the number of paid holidays the Commis- 
sion is authorized to establish without, legislative action, to eleven. Currently there is 
no numerical limit. In essence, the King Holiday would be substituted for some other 
paid holiday, with the decision as to which day is to be substituted being in the discre- 
tion of the State Personnel Commission, which already has such discretion to desig- 
nate paid holidays. Days currently recognized as paid legal State holidays are New 
Year's Day, Easter Monday, Memorial Day, Independence Day, Labor Day, Veter- 
ans Day, Thanksgiving Day — 2 days, and Christmas — either 2 or 3 days, depending 
on which day Christmas falls. 

"Section 3 simply provides that the bill is effective upon ratification. 

"I will now move from the mechanics and processes of the bill, and discuss the 
rationale and expectations. 

"By passing this legislation, we will be celebrating the birth and the works of Martin 
Luther King, Jr. ; but, much more importantly, we will be celebrating the maturation, 
the coming of age of our Declaration of Independence and our Bill of Rights, the ap- 
plication of the theory and principles upon which our Declaration of Independence and 
Bill of Rights are grounded. We are celebrating the message more so than the messen- 
ger. While the messenger is important in his own right, the message is, by far more 
important. It is fitting and historically consistent that it should be this way. 

"If we honor a person over and above the message, we are imprisoned within the 
limiting confines of that person's existence. On the other hand, if we are honoring the 
person as a symbol of some high ideals, a symbol of the message we want to perpetu- 
ate for posterity, then we are well-served. As the years, the decades, and even the 
centuries go by, the importance of the person being honored and celebrated in any 
instance declines once his contemporaries have departed. But the symbol he repre- 
sents can endure forever in the hearts and minds of the people. 



March 18, 1987 



112 SENATE JOURNAL [Session 

"The Martin Luther King, symbol to so many millions of persons of African- 
American descent, and other ethnic and racial groupings looms as greatly as anything 
else that constitutes a part of our American heritage. This year we will be focusing a 
great deal of attention on the Bicentennial of the United States Constitution. Through 
the symbol represented by Martin Luther King, a new breath of life, a new and broad- 
ened consciousness has evolved relative to those documents. King's dream of man's 
humanity to other human beings; the dream of justice applied not just in accordance 
with the letter of the law but in accordance with the spirit of the law; and his dream 
relative to justice being applied not just with equality but with equity, which is a 
greater mandate; of an unprecedented elevation of and respect for human dignity; his 
dream that the significance of the words 'with liberty and justice for all' would never 
be questioned, much less abrogated. This composite dream is the message trans- 
mitted by Dr. King and by so many other of us who are his contemporaries and who 
come after him, and by so many others who preceded him. 

"The dream, the message, that Martin Luther King lived is that we must seek out 
and stress the commonalities of humankind rather than the differences that tend to 
separate us. Dr. King's philosophy is based, in part, on the assumption that out of 
the differences that exist between individuals, between groups, even between nations, 
we can find the foundations for agreement and cooperation if we are forced to seek 
them, if we are forced to look within ourselves for those remnants of sameness and 
togetherness. This we are more prone to recognize as we pause to look at the lessons 
that we are taught by this great individual. We are prone to recognize those factors 
that link us together in a bond of mutual security so that we can exercise our rights to 
be different, our rights to be a diverse people without fear of oppression, of repres- 
sion, of suppression. In this manner, diversity enhances the value, the potential and 
the beauty of our common bond. 

"As a result of my involvement in the civil and human rights movement, I know 
about the various factions within the movement and how diverse they were. I know 
that many persons and organizations involved in the movement disagreed with Dr. 
King with respect to tactics and strategy, and sometimes goals. Yet, I also know that 
his moderating influence, one that I would characterize as centralist but not status 
quo, probably had more to do with preventing a serious disintegration of America's 
social, economic and political structure than anything else. 

"During the last term of the General Assembly, we in the Senate referred to Senator 
Mel Watt as the conscience of the Senate; well Dr. King was the conscience of Amer- 
ica during one of its most crisis-laden periods. There were many more individuals 
who were classified as much more radical and militant than he, but due to an appre- 
ciation of his influence and methodology, have become positive contributors to the 
well-being of America. His influence resulted in an atmosphere conducive to concili- 
ation and keeping the peace, an atmosphere that enables persons to identify, and work 
together for mutual interests. All this is what we are celebrating through the symbol 
represented by Martin Luther King. 

"The primary points raised as justification for opposing this bill have focused on the 
following concerns: 

1. Cost; 

2. Adding another winter holiday; 

3. Not designating the holiday as an 'all heroes day'; 

4. Not designating the holiday as a 'human rights day'; 

5. We have no other holidays honoring an individual. 

"On the issue of cost, a fiscal note has been obtained that indicates there would be 
no additional costs. 



March 18, 1987 



1987] SENATE JOURNAL 113 

"Relative to exchanging a spring holiday for a winter holiday, the General Assembly 
is not designating the holiday that will be substituted; the State Personnel Commission 
has full discretion to select any holiday it deems most appropriate. 

"Those who suggest designating the holiday as an 'all heroes day' or a 'human 
rights day' are, in my opinion, looking at it strictly as a bill that recognizes an individ- 
ual rather than a holiday that represents the symbol that I discussed earlier. 

"It is true that we do not have a holiday honoring an individual. So why is it appro- 
priate to do so at this time? Most of our current holidays cannot be embodied in nor 
well represented through the life of one individual; there is no one person that has had 
such a dramatic impact in shaping the ideas we seek to perpetuate through the obser- 
vance of Memorial Day, Labor Day or Veteran's Day. How could one comprehen- 
sively and understandably express the ideas and ideals symbolized by Martin Luther 
King, Jr. through any other method that would be as effective as designating this holi- 
day for which his works would be a symbol of many accomplishments of humanity in 
the United States? I can think of no better way. 

"In summary, allow me to make the following points: 

1 . This bill does not give the State Personnel Commission any new power to in- 
crease the number of holidays; the Commission already has the authority to 
increase the number without legislative action. 

2. In addition to the current paid holidays, the State Personnel Commission, un- 
der present law, has the authority to declare ten more paid holidays without the 
necessity of any legislative action under current law. The Commission can 
declare any public holiday as a paid State holiday, and we now have ten legal 
public holidays that are not paid holidays but that can be made so without 
legislative action. This bill will prohibit the Commission from adding more 
than eleven paid holidays, the number recognized in 1986. 

3. Currently, forty American states, along with the District of Columbia, Guam, 
Puerto Rico and the Virgin Islands, and our federal government, have desig- 
nated Dr. King's birthday as an official paid holiday. We are the only south- 
ern state that has not yet done so. 

"I will close with a direct quotation from Martin Luther King, Jr., that exemplifies 
one of the ways in which this holiday is significant to all of us: 

'The Negro freedom movement would have been historic and worthy even if it 
had only served the cause of civil rights. But its laurels are greater because it 
stimulated a broader social movement that elevated the moral level of the na- 
tion. In the struggle against the preponderant evils of society, decent values 
were preserved. Moreover, a significant body of young people learned that in 
opposing the tyrannical forces that were crushing them they added stature and 
meaning to their lives. The Negro and white youth who in alliance fought 
bruising engagements with the status quo inspired each other with a sense of 
moral mission, and both gave the nation an example of self-sacrifice and 
dedication. ' 

"Mr. President, Ladies and Gentlemen of the Senate, I anticipate that some persons 
who oppose the bill might desire to use this forum to make personal attacks against 
Dr. King. I hope that in discussing the bill, I have in some way aided those who have 
doubts to see that what we are doing here today, if we pass this bill, exceeds the 
bounds of any individual human personality and cry out for universal compassion, 
understanding and cooperation. Regardless of what some may think of Dr. King, I do 
not believe that any of us can genuinely question the significance of his contributions 
to our nation, nor the fact that his contributions embody the essence of centuries of 
struggle for human dignity. Further, I believe each of us now knows how he or she will 



March 18. 1987 



114 SENATE JOURNAL [Session 

vote on second reading. Therefore, Mr. President, with the desire to allow some 
latitude for debate on third reading, I call the question on second reading." 

Senator Martin of Guilford calls the previous question, which motion fails to prevail 
for lack of a second. Senator Kincaid offers Amendment No. 1. Senator Martin of 
Guilford offers a motion that Amendment No. 1 do lie upon the table, seconded by 
Senator Rauch. Senator Kincaid calls for the ayes and noes. The call is not sus- 
tained. The motion offered by Senator Martin of Guilford that Amendment No. 1 do 
lie upon the table prevails (electronically recorded). Amendment No. 1 lies upon the 
table. 

Senator Winner offers Amendment No. 2, which changes the title to read, H.B. 39 
(Committee Substitute), a bill to change the date for the Martin Luther King, Jr., 
legal public holiday to the same date provided by federal law and to provide for a paid 
holiday for State employees on that date and on Washington's Birthday, which fails of 
adoption (electronically recorded). 

Senator Martin of Guilford calls the previous question, seconded by Senator Rauch. 
Senator Simpson calls for the ayes and noes. The call is not sustained. The call for 
the previous question by Senator Martin of Guilford is sustained (electronically re- 
corded) . 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On objection of Senator Harris to its third reading, the Committee Substitute bill 
remains on the Calendar for tomorrow for further consideration. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Conder for the Children and Youth Committee. 

S.B. 38, a bill to expedite proceedings involving child victims and witnesses -2, 
with a favorable report. 

S.B. 37, a bill to expedite proceedings involving child victims and witnesses, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion 
the Committee Substitute bill is adopted On motion of Senator Conder the bill is 
placed on the Calendar for Friday, March 20. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 19, an act to permit alcoholic beverage licensees who are required to furnish a 
bond to pledge government bonds as collateral rather than obtain a bond from a corpo- 
rate surety. (Ch. 18) 

On motion of Senator Harrington, seconded by Senator Speed, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



March 18, 1987 



1987] SENATE JOURNAL 115 

^vw . y r .ct TWENTY-NINTH DAY 



^ ' ^ ' V Senate Chamber, 

^'-^ ' Thursday, March 19, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Bill Puckett, Minister of Millbrook Baptist 
Church, Raleigh, as follows: 

"God, We pause in the midst of lives filled with responsibilities, weighty decisions 
and complex relationships to acknowledge that You are the source of true wisdom and 
life. It is You, God, that brings peace and ordering to our lives. Give each of us an 
openness to Your presence. 

"Bless, we pray, these men and women who have dedicated themselves and their 
energies to the public good. Create around them a responsible and responsive citi- 
zenry. 

"In Your Holy Name, we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Cobb and Smith, who are at- 
tending a leadership conference in Boston, for today. 

The President grants courtesies of the floor to Clarence Lightner, former Senator 
from Wake County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 49, an act to authorize the Administrative Office of the Courts to conduct a 
study of presentence reports. (Ch. 19) 

H.B. 50, an act to develop a program for academic and vocational education train- 
ing in the Department of Correction. (Ch. 20) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 116, a bill to permit the taking of one antlerless deer during a muzzle-loading 
firearms season with a bag limit of five or more, with a favorable report, as amended. 

On motion of Senator Tally, the bill, as amended, is placed on the Calendar for 
Monday, March 23. 



March 19. 1987 



116 ■ SENATE JOURNAL [Session 

By Senator Martin of Pitt for the Manufacturing and Labor Committee: 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers, with a favorable report, as amended. 

By Senator Harris for the Human Resources Committee: 

S.B. 97, a bill to ensure that the public has notice of all restaurants' health ratings, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted and placed on the Calendar for Tuesday 
March 24. 

By Senator Soles for the Judiciary IV Committee: 

S.B. 145, a bill to provide for the Court of Appeals to hear certain appeals in which 
life sentences are imposed, with a favorable report as amended. 

On motion of Senator Soles, the bill is placed on the Calendar for Monday, March 
23. 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body that the Senate stands ready to repair to the hall of the House 
of Representatives pursuant to S.J.R. 144, a joint resolution providing that the 
Speaker of the House of Representatives and the President of the Senate may, during 
the 1987 Regular Session, provide for joint sessions of both Houses to act on confir- 
mation of nominees or appointments, for the purpose of acting upon the confirmation 
of the appointment of Benjamin Tison III as Banking Commissioner of North Caro- 
lina. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

■ ' House of Representatives 

March 19, 1987 

Mr. President: 

Pursuant to G.S. 53-92, it is ordered that a message be sent your Honorable Body 
with the information that the House of Representatives stands ready to receive the 
Senate in Joint Session, at 1:50 p.m., for the purpose of confirming, or not confirm- 
ing, the Governor's nominee, Benjamin T. Tison III, as Commissioner of the North 
Carolina State Banking Commission. 

Respectfully, 
. ' . s/Grace A. Collins 

Principal Clerk 

On motion of Senator Harrington, in accordance with S.J.R. 144, a joint resolu- 
tion providing that the Speaker of the House of Representatives and the President of 
the Senate may, during the 1987 Regular Session, provide for joint sessions of both 
Houses to act on confirmation of nominees or appointments, the Senate recesses to 
repair to the Hall of the House of Representatives, there to sit in Joint Session, and on 
his further motion, upon dissolution of the Joint Session to return to the Senate Cham- 
ber for the further consideration of business. 



March 19, 1987 



1987] SENATE JOURNAL 117 

The Senate preceded by its officers repairs to the Hall of the House of Representa- 
tives. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Lieutenant Governor Robert B. Jordan III. 

The Clerk of the Senate calls the roll of the Senate, and the following members 
answer the call: Senators Allran, Barker, Barnes, Basnight, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Roy all, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Winner — 47. 

The roll-call of the House Representatives is recorded electronically and the follow- 
ing members answer the call: Speaker Ramsey, Representatives Abernethy, Alexan- 
der, Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bowman, 
Brannan, Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Bumgardner, Burke, 
Chalk, Chapin, Church, Cochrane, Colton, Cooper, Craven, J. W. Crawford, N. J. 
Crawford, Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, 
Easterling, Edwards, Enloe, Bob Etheridge, L. Etheridge, Bruce Ethridge, Fitch, 
Fletcher, Foster, Freeman, Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, 
Hackney, Hall, Hardaway, Hasty, Hege, Hightower, Holmes, Holroyd, Holt, Huf- 
fman, Hughes, Jack Hunt, Judy Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, 
Jeralds, Jones, Justus, Keesee-Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, 
Locks, Lutz, McAlister, McLaughlin, Mavretic, Michaux, Miller, Mothershead, 
Murphy, Nesbitt, Nye, Owens, Payne, Perdue, Privette, Raynor, Red wine, Rhyne, 
Rogers, Stamey, Starnes, Tart, R. Thompson, S. Thompson, Tyndall, Walker, War- 
ner, E. Warren, R. Warren, Watkins, Wicker, Wilmoth, Windley, Wiser, Woodard, 
and Wright —112. 

Lieutenant Governor Jordan directs the Reading Clerk of the House to read the fol- 
lowing messages from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

January 19, 1987 

The Honorable Robert 3. Jordan, III 

Lieutenant Governor 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 53-92, I hereby appoint Benjamin 
T. Tison III, Mecklenburg County, North Carolina as Commissioner of Banks to 
serve a term beginning April 1, 1987, and expiring March 31, 1991, subject to confir- 
mation by the General Assembly in joint session. Furthermore, I hereby submit his 
name to the General Assembly for said confirmation. 

Sincerely, 

s /James G. Martin 
.. _ Governor 



March 19, 1987 



118 - SENATE JOURNAL [Session 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

January 19, 1987 

The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
Legislative Building 
Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Mr. Ramsey: 

Dear Pursuant to North Carolina General Statute Section 53-92, I hereby appoint 
Benjamin T. Tison III, Mecklenburg County, North Carolina as Commissioner of 
Banks to serve a term beginning April 1, 1987, and expiring March 31, 1991, subject 
to confirmation by the General Assembly in joint session. Furthermore, I hereby sub- 
mit his name to the General Assembly for said confirmation. 

•:..-t''' ^:^-riH^..:. ,. -/ -^ .s;.;,' r:j;>?v^ :.' Sincerely, 

s/James G. Martin 
Governor 

Lieutenant Governor Jordan recognizes Senator Hardison, Chairman of the Senate 
Commerce Committee, who submits the following report: 

NORTH CAROLINA GENERAL ASSEMBLY 

v 7 ,.;.' SENATE CHAMBER 

STATE LEGISLATIVE BUILDING 

I . t^/^ V, • : :- : -i- ; RALIEGH 27611 

March 12, 1987 

The Honorable Robert B. Jordan, III 
President, North Carolina Senate 
Legislative Office Building 
Raleigh, North Carolina 27611 ,, j^ 

Dear Mr. President: ,. , j ,., .,., .^ v^h- 

In compliance with the provisions of G.S. 53-92 requiring that appointees to the 
office of Commissioner of Banks shall be subject to confirmation by the General As- 
sembly in Joint Session, Governor Martin has submitted for confirmation by the Gen- 
eral Assembly the following name: 

Benjamin T. Tison, III 

The Senate Committee on Commerce has considered the appointee and makes the 
following recommendation to the Joint Session: 

That the appointment of Benjamin T. Tison, III as Commissioner of Banks be con- 
firmed. 

Respectfully Submitted 

s/Harold W. Hardison 

Chairman 

Senate Committee on Commerce 



March 19, 1987 



1987] SENATE JOURNAL 119 

Senator Hardison moves that the Senate do confirm the appointment of Benjamin 
T. Tison III as the Commissioner of Banks. 

The motion to confirm the appointment of Benjamin T. Tison III as the Commis- 
sioner of Banks prevails by roll-call vote, ayes 43, noes 4, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, 
Speed, Staton, Taft, Tally, Ward, and Warren~43. 

Voting in the negative: Senators Richardson, Swain, Thomas, and Winner — 4. 

Lieutenant Governor Jordan relinquishes the gavel to the Speaker of the House of 
Representatives. 

Speaker Ramsey recognizes Representative Fletcher, Chairman of the Committee 
on Banks and Thrift Institutions of the House of Representatives, who submits 
1 the following report: 

NORTH CAROLINA GENERAL ASSEMBLY 

HOUSE OF REPRESENTATIVES 

STATE LEGISLATIVE BUILDING 

RALEIGH 27611 

March 19, 1987 

The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
North Carolina General Assembly 
Raleigh, North Carolina 

Dear Speaker Ramsey: 

In compliance with North Carolina General Statute Section 53-92, that nominee 
Benjamin T. Tison III, fill the position of Commissioner of Banks, subject to confir- 
mation by the General Assembly in Joint Session, the Committee on Banks and Thrift 
Institutions submits the following recommendation: 

To confirm 



Not to confirm XX 

Respectfully submitted, 

s/Ray C. Fletcher 

Chairman 

Banks and Thrift Institutions 

Committee 

Representative Fletcher moves that the House of Representatives adopt the report of 
the Banks and Thrift Institutions Committee. 

The motion to confirm the appointment of Benjamin T. Tison III, as the Commis- 
sioner of Banks, fails to prevail by roll-call vote, ayes 31, noes 81, as follows: 

Those voting in the affirmative are: Representatives Abernethy, Alexander, 
Barbee, Brawley, J. Brown, Chalk, Cochrane, Craven, Cromer, Decker, Duncan, 
Foster, Gardner, Grady, Grimmer, Hasty, Hege, Huffman, Hughes, Isenhower, Jus- 
tus, Keesee-Forrester, Ligon, Mothershead, Murphy, Privette, Rhyne, Starnes, 
Walker, R. Warren, and Windley~31. 

Those voting in the negative are: Speaker Ramsey, Representatives Anderson, 
Barnes, Barnhill, Beall, Beard, Blue, Bo wen, Bowman, Brannan, B. Brown, 
Brubaker, Buchanan, Bumgardner, Burke, Chapin, Church, Colton, Cooper, J. W. 
Crawford, N. J. Crawford, Cunningham, Dawkins, DeVane, Diamont, Easterling, 



March 19, 1987 



120 « SENATE JOURNAL [Session 

Edwards, Enloe, Bob Etheridge, Bruce Ethridge, Fitch, Fletcher, Freeman, Fussell, 
Gist, Greenwood, Hackney, Hall, Hardaway, Hightower, Holroyd, Holt, Jack Hunt, 
Judy Hunt, S. Hunt, Hunter, James, Jarrell, Jeralds, Jones, Kennedy, Kerr, Lilley, 
Lineberry, Locks, Lutz, McAlister, McLaughlin, Mavretic, Michaux, Miller, Nes- 
bitt, Nye, Owens, Payne, Perdue, Raynor, Redwine, Rogers, Stamey, Tart, R. 
Thompson, S. Thompson, Tyndall, Warner, E. Warren, Watkins, Wicker, Wil- 
moth. Wiser, and Woodard — 81. 

Speaker Ramsey relinquishes the gavel to Lieutenant Governor Jordan. 

Failing to receive an affirmative majority of votes of both Bodies, the Chair an- 
nounces the appointment of Benjamin T. Tison III, as the Commissioner of Banks 
fails to be confirmed by the General Assembly. 

Lieutenant Governor Jordan orders the Governor notified of the action of the Gen- 
eral Assembly, sitting in Joint Session, upon the failure of the confirmation of the 
appointment of Benjamin T. Tison III, as the Commissioner of Banks. 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular business. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: - . ' 

By Senator Barnes for the Judiciary I Committee: 

S.B. 43, a bill to give the tax collector the same limited subpoena power as is given 
the tax supervisor, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.B. 188, a bill to require high school age children to pass in school to be eligible 
for drivers licenses. 

Referred to Education Committee. 

By Senators Harris, Basnight, Bryan, Ezzell, Hardison, Harrington, Hunt of 
Moore, Martin of Pitt, Marvin, Richardson, Royall, Smith, Walker and Ward: 

S.B. 189, a bill concerning services to individuals with developmental disabilities. 
Referred to Human Resources Committee. 

By Senators Harris, Basnight, Bryan, Ezzell, Hardison, Harrington, Hunt of 
Moore, Martin of Pitt, Marvin, Richardson, Royall, Smith, Walker and Ward: 

S.B. 190, a bill further continuing the Mental Health Study Commission. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Barker: 

S.B. 191, a bill to appropriate funds to the Maritime Museum Watercraft Center. 
Referred to Appropriations Committee. 

By Senators Rand, Barnes, Basnight, Block, Conder, Goldston, Guy, Hardison, 
Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 



March 19. 1987 



1987] SENATE JOURNAL 121 

Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rauch, 
Richardson, Royall, Sands, Seymour, Sherron, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, and Warren: 

S.B. 192, a bill to clarify the provisions of the Teacher Recruitment Program and to 
appropriate funds for the program. 
Referred to Education Committee. 

By Senators Barnes, Guy, Hardison, Johnson of Wake, Martin of Guilford, 
Seymour, Speed, and Warren: 

S.B. 193, a bill to expand the traffic control authority of firemen and rescue squad 
members in emergency situations. 

Referred to Judiciary I Committee. 

Senator Seymour moves that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds ma- 
jority vote. 

By Senators Seymour, Walker, Hunt of Moore, Martin of Guilford, and Shaw: 

S.B. 194, a bill to authorize the Department of Natural Resources and Community 
Development to enter into an agreement with the United States of America for partici- 
pation in the Randleman Lake Project. 

Referred to Natural and Economic Resources and Wildlife Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 87, a bill to require municipal assessors that appraise property to have the 
same qualifications as county assessors. 
Referred to Finance Committee. 

APPOINTMENTS BY THE GOVERNOR 

The President directs the Reading Clerk to read messages from the Governor as 
follows: 

STATE OF NORTH CAROLINA 

,r OFFICE OF THE GOVERNOR 
RALEIGH 27611 

r March 12, 1987 

The Honorable Robert B. Jordan, III 

President of the Senate 

Lieutenant Governor of North Carolina 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina State Board of Agriculture 

Dear Lieutenant Governor Jordan: . -. 

Pursuant to North Carolina General Statutes 106-2, I am appointing the persons listed 
below to the State Board of Agriculture subject to the consent of the Senate. Their 
terms of office will expire May 4, 1993. I hereby submit their names to the Senate for 
said consent. 



March 19. 1987 



122 SENATE JOURNAL [Session 

1. Earl Rountree - Gates County 
General Farmer 

2. John C. Howard, Jr. - Lenoir County 
Tobacco Farmer 

3. Pete Lovette - Wilkes County 
Experienced in Marketing 

Sincerely, 

s/James G. Martin 
V Governor 



Referred to Agriculture Committee. 



STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

March 12, 1987 

The Honorable Robert B. Jordan, III 

President of the Senate 

Lieutenant Governor of North Carolina w -i ^ ^^ -,n^«- . 

Legislative Building 

Raleigh, North Carolina 27611 

Re: Board of Trustees of the Teachers' and State Employees' Retirement System 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute 135-6, I am appointing the persons listed 
below to the Board of Trustees of the Teachers' and State Employees' Retirement 
System subject to confirmation by the Senate. Their term of office will expire April 5, 
1991. I hereby submit their names to the Senate for said confirmation. 

7' 1. Shirley Ann Hise - Mitchell County 

Teacher 

2. Leo F. Walsh, Jr.- Moore County 
Employee of the Department of Transportation 

3. Donna A. Creech - Johnston County 
Employee of the Department of Human Resources 

Sincerely, 

s/James G. Martin 
Governor 

Referred to Pensions and Retirement Committee. 
s EXECUTIVE ORDERS 

The Chair refers Executive Orders No. 37 and No. 38, received following adjourn- 
ment sine die of the 1985 Session of the General Assembly, to the State Govern- 
ment Committee as follows: 

Executive Order Number 37, North Carolina Response to and Management of 
Federal Restrictions on Private Activity Bonds and Low-income Housing Tax Credits 



March 19, 1987 



1987]/; SENATE JOURNAL 123 

Executive Order Number 38, Amendment to Executive Order Number 32, 
Governor's Literacy Council. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 8 (Committee Substitute), a bill to merge the Towns of Hazelwood and 
Waynesville, subject to referendum, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for tomorrow for further 
consideration upon third reading. 

S.B. 130, a bill to amend the City of Raleigh facility fee enabling legislation. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 141, a bill to prohibit hunting from the rights-of-way of public roads in Burke 
and Caldwell Counties. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 26, a bill to clarify the privilege license tax on peddlers, itinerant merchants, 
and flea market operators, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

Senator Staton offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Ward, and Winner~45. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow upon third reading. 

S.B. 23, a bill to delete references in the property tax statutes to the obsolete posi- 
tion of list taker. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 38, a bill to expedite proceedings involving child victims and witnesses-2. 
The bill passes its second reading (electronically recorded) . 

Senator Soles objects to the third reading of the bill, which objection he subse- 
quently withdraws. 

The bill passes its third reading and is ordered sent to the House of Representatives. 

S.B. 78, a bill to require adequate disclosure by continuing care facilities. '•■< 

On motion of Senator Harris, Committee Amendment No. 1 is adopted. ^ 



March 19, 1987 



124 SENATE JOURNAL [Session 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 100, a bill to clarify the provision of G.S. 48-36(d) specifying what shall be 
contained in an order changing the name of an adopted person who is 18 or more 
years of age as recommended by the General Statutes Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 45, a bill to allow even-year elections for some multi-county sanitary dis- 
tricts. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 70, a bill to correct the effective date of the North CaroHna Therapeutic Rec- 
reation Personnel Certification Act. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 39 (Committee Substitute), a bill to change the date for the Martin Luther 
King, Jr. , legal public holiday to the same date provided by federal law and to provide 
for a paid holiday for State employees on that date, upon third reading. 

Senator Harris offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Simpson offers Amendment No. 4. Senator Martin of Guilford, seconded 
by Senator Taft, offers a motion that Amendment No. 4 do lie upon the table, which 
motion prevails (electronically recorded). Amendment No. 4 lies upon the table. 

Senator Martin of Guilford calls the previous question, seconded by Senator Royall. 
The call is sustained. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered sent to the House of Representatives for concurrence in Sen- 
ate Amendment No. 3. 

On motion of Senator Harrington, seconded by Senator Martin of Guilford, the Sen- 
ate adjourns to meet tomorrow at 9:30 A.M. 



THIRTIETH DAY 



,, Senate Chamber, 

'■' ' - '<• Friday, March 20, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
J. J. Harrington, President Pro Tempore. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O Lord of Life, we thank Thee for the blessing of this week, for the help of pages 
and personal staff, for the effective work of the Principal Clerk and her staff, for the 
valuable assistance of the Reading Clerk, for the leadership of the Sergeanl-at-Arms 
and her staff, for the enactment of significant legislation, and for Thy sustaining pres- 
ence with us throughout the long committee meetings and the heated debate of the 
week. 

"We give Thee Thanks, O Lord. 

"Bless us now as we close out this week's work in the General Assembly. Give each 
of us a safe trip home, grant us a special time of fellowship with our families, inspire 
us in services of corporate worship, and renew our strength, that we might return to 
next week's tasks with new zeal and new energy. Amen." 



March 20, 1987 



1987] SENATE JOURNAL 125 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Barker, Cobb, Johnson of 
Wake, Kaplan, Sands, Smith, and Thomas for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris, at the request of the Chairman, Senator Harrington, for the 
Rules and Operation of the Senate Committee. 

S.J.R. 67, a joint resolution honoring the life and memory of William Preston 
Saunders, with a favorable report. 

On motion of Senator Harris, the joint resolution is placed on the Calendar for 
Monday, March 23, as Special Order of Business No. 1. 

S.J.R. 186, a joint resolution honoring the life and memory of Dr. K. Z. Chavis, 
with a favorable report. 

By Senator Swain for the Judiciary III Committee. 

S.B. 121, a bill to amend the parole eligibility requirements for committed youthful 
offenders sentenced under Chapter 90 of the General Statutes, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion, 
the Committee Substitute bill is adopted and placed on the Calendar for Monday, 
March 23. 

S.B. 160, a bill to allow 16 and 17 year olds to drive an automobile or truck less 
than 6,000 pounds gross weight for the purpose of making deliveries for those pharma- 
cies that are not otherwise governed by the Federal Fair Labor Standards Act, with an 
unfavorable report as to bill, but favorable to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 160 (Committee Substitute), a bill to permit 
16 and 17 year olds to do limited driving on the job, is placed before the Senate for 
immediate consideration and on his further motion, the Committee Substitute bill is 
adopted and placed on the Calendar for Monday, March 23. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barker: 

S.B. 195, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property of Craven Community College rather than by cities in 
that County. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Kaplan, Allran, Barker, Barnes, Basnight, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 



March 20, 1987 



126 - SENATE JOURNAL [Session 

Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Winner: 

S.B. 196, a bill to require advertisements of textile products to disclose whether the 
products are imported or made in America. 
Referred to Judiciary IV Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 197, a bill to appropriate funds for an equine indoor arena at the Martin Com- 
munity College. 

Referred to Appropriations Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Plyler, Rauch, Richardson, Royall, Sands, Sherron, Soles, Speed, Staton, Swain, 
Taft, Tally, Thomas, Ward, Warren, and Winner: 

S.B. 198, a bill to appropriate funds for the construction of public libraries and to 
appropriate additional funds to the Aid to Public Libraries Fund. 
Referred to Appropriations Committee. 

By Senators Seymour, Barker, Barnes, Block, Daniel, Ezzell, Goldston, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Marvin, Parnell, 
Rand, Richardson, Royall, Sands, Shaw, Sherron, Soles, Staton, Tally, Thomas, 
and Ward: 

S.B. 199, a bill providing a funding formula and a selection process for the inclu- 
sion of works of art in State buildings. 

Referred to State Government Committee. 

By Senator Barker: 

S.B. 200, a bill to authorize Carteret County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senator Johnson of Wake: 

S.B. 201, a bill to appropriate funds to equip all Highway Patrol vehicles with 
walkie-talkies. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 202, a bill to require a judicial official to state the reason(s) for requiring a 
secured bail bond as a condition of pretrial release. 
Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 203, a bill to replace Chapter 24 of the General Statutes with a new Chapter 
regulating interest. 

Referred to Judiciary II Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 20. 1987 



1987] SENATE JOURNAL 127 

S.B. 85, an act to authorize the City of Lexington to purchase natural gas by using 
informal bid procedures. (Ch. 21) 

H.B. 45, an act to allow even-year elections for some multi-county sanitary dis- 
tricts. (Ch. 22) 

H.B. 70, an act to correct the effective date of the North Carolina Therapeutic 
Recreation Personnel Certification Act. (Ch. 23) 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 196, a bill to authorize Wildlife Enforcement Officers to enforce the littering 
law in McDowell County. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 208, a bill to authorize an increase in the informal bid limits relating to the 
letting of public contracts by the City of Greensboro. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 212, a bill to increase the penalty for parking violations that are committed in 
the Town of Kernersville and are established by relying on the prima facie rule of 
evidence. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 220, a bill to change the date of the nonpartisan Mitchell County Board of 
Education election from May to November. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 223, a bill to allow the Town of Tryon to convey to the Polk County Commu- 
nity Foundation, Inc., certain real estate at private sale. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 239, a bill to allow Scotland County to convey a tract of land at private sale 
to the Scotland County Stadium-Civic Center, Inc. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 8 (Committee Substitute), a bill to merge the Towns of Hazelwood and 
Waynesville, subject to referendum, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 34, 
noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Plyler, Rand, Rauch, Richardson, Seymour, Shaw, Sherron, Simpson, Speed, Swain, 
Taft, Tally, Ward, Warren, and Winner— 34. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 26, a bill to clarify the privilege license tax on peddlers, itinerant merchants, 
and flea market operators, as amended upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 32, noes 1, as 
follows: 



March 20, 1987 



128 " SENATE JOURNAL [Session 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, 
Rand, Rauch, Richardson, Seymour, Shaw, Sherron, Speed, Swain, Taft, Tally, 
Ward, Warren, and Winner — 32. 

Voting in the negative: Senator Simpson — 1. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 37 (Committee Substitute), a bill to expedite proceedings involving child vic- 
tims and witnesses. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S.B. 43, a bill to give the tax collector the same limited subpoena power as is given 
the tax supervisor. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers. 

On motion of Senator Martin of Pitt, Committee Amendment No. 1 is adopted. 

Senator Block offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 
On objection of Senator Rauch to its third reading, the bill, as amended, remains on 
the Calendar for Monday for further consideration. 

On motion of Senator Guy, seconded by Senator Speed, the Senate adjourns to meet 
Monday at 7:00 P.M. 



THIRTY-FIRST DAY 



" ,;v;i,.v,.,;...,..;.^-i .^ ,,'.v.^,;i^/' ^..•, : ■<.. Senate Chamber, 

Monday, March 23, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Father Charles Mulholland, Pastor of St. Michael's Catholic 
Church, Cary, as follows: 

"May this assembly come together in the spirit of the founders of this nation who 
acknowledged that the Creator and not the slate had endowed all with inalienable 
rights. We together acknowledge that we are the benefactors of this 'goodliest land' of 
North Carolina. A State which gives inspiration from towering mountains, rolling 
hills, fertile coastal plains, and the awesome sight of a mighty ocean. 

"We beg that the spirit of generosity and goodness which informs all the wonders of 
this State will come down upon this assembly as they deliberate the legislation that 
governs its citizens. To the Giver of all these good gifts, we humbly give thanks and 
confess that we are dependent on the gift of wisdom that comes from beyond ourselves 
and is best found in charitable deliberation. 

"May all here be blessed with the humility that recognizes that we are not the master 
of our bounty, but stewards and caretakers, and so act to bring justice and equality to 
all the citizens of North Carolina. 

"We beg this in the Name of God. Amen" 



Mach 23, 1987 



1987] SENATE JOURNAL 129 

Senator Harrington for the Rules and Operation of tho Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Bryan and Taft for tonight. 

The President extends courtesies of the gallery to the Director of the State Bureau of 
Investigation, Robert B. Morgan, former United States Senator from North Carolina. 
The President and members of the Senate, standing, recognize fifty years of outstand- 
ing service provided the citizens of the State of North Carolina by the State Bureau of 
Investigation. 

i ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 47, an act to amend the licensing process for a low-level radioactive waste 
facility by first requiring the applicant to satisfy the State Department of Human Re- 
sources of his financial and technical capabilities. (Ch. 24) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Barnes, Thomas, Winner, and Seymour: 

S.B. 204, a bill to provide for the purchase of a two-way radio system for the State 
Parks and Recreation areas. 

Referred to Appropriations Committee. 

By Senators Warren, Hardison, and Martin of Guilford: 

S.B. 205, a bill to establish State and local funding responsibilities for the uniform 
system of free public schools and to establish a special fund to meet critical school 
facility needs. 

Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 169, a bill to authorize the lawful taking of black bears in Beaufort County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.J.R. 176, a joint resolution urging Congress to address the punitive provisions of 
Title XII of the Food Security Act of 1985 and to consider Legislation requiring or 
encouraging the refinancing of FMHA farm debts prior to foreclosure. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 228, a bill to permit the Department of Correction to provide laundry services 
for the U.S. Olympic Festival - '87. 
Referred to Judiciary II Committee. 

H.B. 238, a bill to provide that the Town of River Bend shall not have extraterrito- 
rial planning and zoning jurisdiction. 

Referred to Local Government and Regional Affairs II Committee. 



March 23, 1987 



130 SENATE JOURNAL [Session 

H.B. 278, a bill to allocate funds from the special reservefor oil overcharge funds to 
pay the attorneys who represent the State in the oil overcharge fund litigation. 
Referred to Appropriations Committee. 

RE-REFERRAL 

S.B. 203, a bill to replace Chapter 24 of the General Statutes with a new Chapter 
regulating interest. 

On motion of Senator Johnson of Wake, the bill is taken from the Judiciary II 
Committee and is re-referred to the Commerce Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
. . , . . . SPECIAL ORDER NO. 1 

The hour having arrived for the consideration of Special Order of Business No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it being 
S.J.R. 67, a joint resolution honoring the life and memory of William Preston Saun- 
ders. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

S.B. 116, a bill to permit the taking of one antlerless deer during a muzzle-loading 
firearms season with a bag limit of five or more. 

On motion of Senator Tally, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 121 (Committee Substitute), a bill to amend the parole eligibility requirements 
for committed youthful offenders sentenced under Chapter 90 of the General Statutes. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S.B. 145, a bill to provide for the Court of Appeals to hear certain appeals in which 
life sentences are imposed. 

On motion of Senator Winner, Committee Amendments No. 1 and No. 2 are 
adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Sands to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.B. 160 (Committee Substitute), a bill to permit 16 and 17 year olds to do limited 
driving on the job. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.J.R. 162, a joint resolution honoring the life and memory of Dr. K.Z. Chavis. 

On motion of Senator Ezzell, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 



Mach 23, 1987 



1987] SENATE JOURNAL 131 

CALENDAR (Continued) 

S.J.R. 186, a joint resolution honoring the life and memory of Dr. K. Z. Chavis. 
On motion of Senator Ezzell, consideration of the joint resolution is postponed until 
Wednesday, March 25. 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers, as amended, upon third reading. 

Without objection, consideration of the bill, as amended, is postponed until 
Wednesday, March 25. 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read the following message from the Gov- 
ernor: 

- ' STATE OF NORTH CAROLINA 

> OFFICE OF THE GOVERNOR 

' RALEIGH 27611 

March 23, 1987 

The Honorable Robert B. Jordan III 
Lieutenant Governor 
State Legislative Building 
Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 53-92, I hereby appoint William 
T. Graham, Forsyth County, North Carolina as Commissioner of Banks to serve a 
term Beginning April 1, 1987, and expiring March 31, 1991, subject to confirmation 
by the General Assembly in joint session. Furthermore, I hereby submit his name to 
the General Assembly for said confirmation. 

Sincerely, , 

s/James G. Martin 
Governor 

Referred to Commerce Committee. 

The President recognizes the following pages serving in the Senate this week: 
Melissa Brown, Raleigh; Harry E. Brown II, Raleigh; Lisa Darlene Cox, Eden; Ben 
Davis, Buies Creek; Doug Eller, Todd; Matt Hedt, Concord; Jay Ingle, Greensboro; 
Amy Dawn Jones, Benson; Tami Darlene Jones, Benson; Tracey Lee Killebrew, 
Rocky Mount; Amy Elizabeth Kimbro, Wilson; Phillip E. Lewis, West Jefferson; 
Kristen Matthews, Fuquay-Varina; Curt O'Briant, Asheboro; Joel S. Padgett, Con- 
cord; Cristy M. Price, Atlantic Beach; John Long Stephenson, Murfreesboro; Wil- 
liam Todd Stillerman, Winston-Salem; and Brynn Chadwick Tilley, Mount Airy. 

On motion of Senator Harrington, seconded by Senator Conder, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



March 23, 1987 



132 . SENATE JOURNAL [Session 

THIRTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 24, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, as we begin the deliberations of this day, we ask Your blessing 
upon our Lieutenant Governor, upon the Members of this Body, upon the staff of the 
General Assembly, and upon the citizens of our fair State. 

"Bless us one and all with a life of integrity, with a spirit of love, with a freedom 
from pettiness, with a passion for justice, with a sensitivity to the needs of others, with 
a heart of compassion and with a willingness to take upon ourselves the burdens of 
others. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Taft for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.J.R. 67, a joint resolution honoring the life and memory of William Preston 
Saunders. (Res. 10) 

H.J.R. 162, a joint resolution honoring the life and memory of Dr. K.Z. Chavis. 
(Res. 11) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary II Committee: 

H.B. 54 (Committee Substitute), a bill to change the limit on the amount of funds 
clerks may receive on behalf of minors and incompetents, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 206, a bill to authorize the City of Raleigh to continue certain economic devel- 
opment activities. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 207, a bill to remove certain property from the corporate limits of the City of 
Raleigh. 

Referred to Local Government and Regional Affairs I Committee. 



March 24, 1987 



1987] SENATE JOURNAL 133 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 208, a bill to allow the City of Raleigh to engage in economic development 
activities by providing for the application of all of G.S. 158-7.1 to that City. 
Referred to Local Government and Regional Affairs I Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Plyler, Rauch, 
Richardson, Royall, Sands, Seymour, Sherron, Staton, Swain, Tally, Thomas, 
Walker, Ward, Warren, and Winner: 

S.B. 209, a bill to expand the functions of the Technological Development Author- 
ity and to require economic development plans from the Biotechnology Center and the 
Microelectronics Center. 

Referred to Appropriations Committee. 

By Senators Johnson of Wake and Harris: 

S.B. 210, a bill to clarify the selection of the Burial Association Administrator. 
Referred to Judiciary II Committee. 

By Senators Thomas and Hipps: 

S.B. 211, a bill to appropriate funds to the John C. Campbell Folk School for a 
new dining hall and multi-purpose facility. 
Referred to Appropriations Committee. 

CALENDAR 
Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 97 (Committee Substitute), a bill to ensure that the public has notice of all 
restaurants' health ratings. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On objection of Senator Simpson to its third reading, the Committee Substitute bill 
remains on the Calendar for tomorrow for further consideration. 

S.B. 145, a bill to provide for the Court of Appeals to hear certain appeals in which 
life sentences are imposed, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Staton for the Economic Growth Committee: 

S.B. 156, a bill to create the Office of Emergency Employment, with a favorable 
report, as amended. 

On motion of Senator Staton, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 



March 24. 1987 



134 SENATE JOURNAL [Session 

By Senator Barnes for the Judiciary I Committee: 

S.B. 65, a bill to adopt a comparative fault system and make it inapplicable to 
State torts, with a favorable report, as amended. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

S.B. 170, a bill to grant additional eminent domain powers to the Town of Apex for 
water and sewer lines and water and sewer treatment facilities, with a favorable re- 
port. 

S.B. 171, a bill to allow the Town Manager of Apex to appoint the Town Clerk, 
with a favorable report. 

H.B. 80, a bill to provide for a special reserve for the funds received by Iredell 
County from the sale of Lowrance Hospital, with a favorable report. 

H.B. 154 (Committee Substitute), a bill to authorize more counties to regulate 
abandoned junked vehicles for aesthetic purposes, with a favorable report, as 
amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

S.B. 77, a bill to amend Chapter 557 of the 1985 Session Laws relating to 
Winston-Salem uptown development projects, with a favorable report. 

H.B. 33, a bill establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Finance Com- 
mittee. 

H.B. 38, a bill to abolish the Kannapolis Street Planning Board, and delete a statu- 
tory reference to that Board, with a favorable report. 

H.B. 106, a bill to exempt the Town of Farmville from having to comply with the 
public bidding law with respect to the May House building and grounds development as 
a public park to be made with private funds, with a favorable report. 

WITHDRAWAL FROM COMMITTEE 

H.B. 238, a bill to provide that the Town of River Bend shall not have extraterrito- 
rial planning and zoning jurisdiction. 

On motion of Senator Barker, the rules are suspended and the bill is taken from the 
Committee on Local Government and Regional Affairs II and is placed be- 
fore the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



March 24, 1987 



1987] SENATE JOURNAL 135 

; ^ THIRTY-THIRD DAY 

Senate Chamber, 
'''■'■"' Wednesday, March 25, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Don Frampton, Minister of the First Presbyterian Church, 
Rockingham, as follows: 

"Almighty and Ever-present God, Whose love knows no limits and Whose compas- 
sion is directed to those whose needs are great we come before You asking once again 
Your blessing on the work of this Senate. Your abundant gifts are evident in this 
Chamber. The gifts of good minds, of ease of relationships of other people, of effec- 
tive communication are all endowments we do not take lightly. For these and other 
gifts, we offer You our utmost thanks. 

"Now, Gracious God, may we put to use that which You have given us, not that our 
efforts bring honor and glory to us, but that they bring honor and glory to You. 

"For in sharpening our focus on You, the acts of service and justice with which the 
people have entrusted us and which are so important to this State will naturally follow. 
In Your Name, we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 214, a bill to conform the hours of alcohol sales to federal Daylight Savings 
Time, with a favorable report. 

S.B. 179, a bill to authorize a single purchase-transportation permit for certain 
large purchases of spirituous liquor, with a favorable report, as amended. 

By Senator Harris for the Human Resources Committee: 

S.B. 167, a bill to amend the provisions which forbid local board of health mem- 
bers to serve more than three consecutive three-year terms, with a favorable report. 

H.B. 181, a bill to repeal the Hospice sunsetting provision, with a favorable report. 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 194, a bill to authorize the Department of Natural Resources and Community 
Development to enter into an agreement with the United States of America for partici- 
pation in the Randleman Lake Project, with a favorable report. 

On motion of Senator Tally, the bill is re-referred to the Appropriations Com- 
mittee. 



March 25. 1987 



136 SENATE JOURNAL [Session 

H.B. 169, a bill to authorize the lawful taking of black bears in Beaufort County, 
with a favorable report. 

By Senator Goldston for the Transportation Committee: 

S.B. 183, a bill to provide that the Division of Motor Vehicles may not give oral 
drivers license tests to provisional licensees, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Rauch, AUran, Barnes, Goldston, Hardison, Harrington, Harris, 
Hipps, Marvin, McDuffie, Plyler, Royall, Sands, Smith, Speed, Swain, Thomas, 
Walker, Ward, Warren, and Winner: 

S.B. 212, a bill to clarify the exemption of certain homes for the aged, sick, or 
infirm from property taxation. 

Referred to Finance Committee. 

By Senators Hardison and Harris: 

S.B. 213, a bill to make the possession of any quantity of cocaine a felony. 
Referred to Judiciary II Committee. 

By Senator Cobb: 

S.B. 214, a bill to provide for the election of district and superior court judges on a 
nonpartisan basis, and provide for the election of superior court judges in their dis- 
tricts. 

Referred to Election Laws Committee. 

Senator Hipps attests to and submits a copy of petitions filed in the office of the 
Principal Clerk, as follows: 

"We the undersigned therefore petition the General Assembly of the legislature of 
the State of North Carolina to either: act directly to remove North Carolina from the 
Southeast Low Level Radioactive Waste Compact, or put the question directly to the 
people of this State in a binding referendum on the earliest possible election date." 

Referred to Rules and Operation of the Senate Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 217, a bill to provide for the establishment of a commission to erect a monu- 
ment to the veterans of World War I, World War II, and the Korean War. 
Referred to Veterans Affairs and Senior Citizens Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 39 (Committee Substitute), an act to change the date for the Martin Luther 
King, Jr. , legal public holiday to the same date provided by federal law and to provide 
for a paid holiday for State employees on that date. (Ch. 25) 

H.B. 238, an act to provide that the Town of River Bend shall not have extraterri- 
torial planning and zoning jurisdiction. (Ch. 26) 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



March 25, 1987 



1987] SENATE JOURNAL 137 

S.B. 170, a bill to grant additional eminent domain powers to the Town of Apex for 
water and sewer lines and water and sewer treatment facilities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 77, a bill to amend Chapter 557 of the 1985 Session Laws relating to 
Winston-Salem uptown development projects. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 171, a bill to allow the Town Manager of Apex to appoint the Town Clerk. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 38, a bill to abolish the Kannapolis Street Planning Board, and delete a statu- 
tory reference to that Board. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 80, a bill to provide for a special reserve for the funds received by Iredell 
County from the sale of Lowrance Hospital. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 106, a bill to exempt the Town of Farmville from having to comply with the 
public bidding law with respect to the May House building and grounds development as 
a public park to be made with private funds. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 154 (Committee Substitute), a bill to authorize more counties to regulate 
abandoned junked vehicles for aesthetic purposes. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered sent to the House of Representatives for 
concurrence in Senate Amendment No. 1. 

S.B. 65, a bill to adopt a comparative fault system and make it inapplicable to 
State torts. 

On motion of Senator Barnes, and without objection. Committee Amendment No. 1 
is adopted. 

Senator Barnes offers a motion that Committee Amendment No. 2 be adopted. 

Senator Daniel offers Amendment No. 3 to amend Amendment No. 2. 

Senator Soles rises to a point of order as to an amendment perfecting a pending 
amendment being properly before the Senate. The Chair rules Amendment No. 3 in 
order. 

Senator Daniel calls the previous question, seconded by Senator Rauch. The call is 
sustained. Amendment No. 3, amending Amendment No. 2, is adopted (electroni- 
cally recorded) with the President casting the tie-breaking vote. 



March 25. 1987 



138 SENATE JOURNAL [Session 

Committee Amendment No. 2, as amended by Amendment No. 3, which changes 
the title to read S.B. 65, a bill to adopt a comparative fault system and make it inap- 
plicable to State torts and to abolish joint and several liability, is adopted. 

Senator Daniel offers Amendment No. 4. Senator Barnes, seconded by Senator 
Barker, offers a motion that Amendment No. 4 do lie upon the table, which motion 
prevails (electronically recorded). Amendment No. 4 lies upon the table. 

Senator Barnes calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Harris objects to the third reading of the bill, as amended. 

Senator Rauch offers a motion that the bill, as amended, be ordered engrossed, and 
without objection, the Chair orders the bill, as amended, engrossed and placed on the 
Calendar for tomorrow for further consideration, upon third reading. 

S. J.R. 186, a joint resolution honoring the life and memory of Dr. K. Z. Chavis. 
On motion of Senator Ezzell, seconded by Senator Ward, the bill is postponed in- 
definitely. 

H.B. 54 (Committee Substitute), a bill to change the limit on the amount of funds 
clerks may receive on behalf of minors and incompetents. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

S.B. 97 (Committee Substitute), a bill to ensure that the public has notice of all 
restaurants' heahh ratings, upon third reading. 

The Committee Substitute bill passes its third reading and is ordered sent to the 
House of Representatives. 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers, as amended, upon third reading. 

On motion of Senator Taft, consideration of the bill, as amended, is postponed until 
Friday, March 27. 

On motion of Senator Harrington, seconded by Senator Hipps, the Senate adjourns 
to meet tomorrow at 2:00 P.M. 



THIRTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 26, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, Thou Who art our refuge and our strength, we thank Thee for all of 
Thy loving kindness to us. For Your strength in our times of need, for Your peace in 
our time of turmoil, for Your comfort in our time of grief, for Your forgiveness in our 
times of repentance, for Your Presence in our times of loneliness. We give Thee 
thanks, O Lord. 

"Now at the beginning of this Session, we ask for three more things. Give us deter- 
mination to listen to all sides of each issue before us, give us wisdom to discern the 
direction which is to the best interest of all the citizens of our State, and give us cour- 
age to vote our conscience on the matters before us this day and every day. Amen." 



March 26. 1987 



1987] SENATE JOURNAL 139 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Hipps, who is attending a Pre- 
planning Session for the Southern Legislators Conference on Children and Youth and 
to Senator Thomas for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 20, an act to eliminate the requirement that a nonresident retail or wholesale 
merchant register with the Department of Revenue for sales tax purposes. (Ch. 27) 

H.B. 38, an act to abolish the Kannapolis Street Planning Board, and delete a 
statutory reference to that Board. (Ch. 28) 

H.B. 54 (Committee Substitute), an act to change the limit on the amount of funds 
clerks may receive on behalf of minors and incompetents. (Ch. 29) 

H.B. 80, an act to provide for a special reserve for thefunds received by Iredell 
County from the sale of Lowrance Hospital. (Ch. 30) 

H.B. 106, an act to exempt the Town of Farmville from having to comply with the 
public bidding law with respect to the May House building and grounds development as 
a public park to be made with private funds. (Ch. 31) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary II Committee: 

H.B. 228, a bill to permit the Department of Correction to provide laundry services 
for the U.S. Olympic Festival - '87, with a favorable report. 

S.B. 131, a bill to revise the penalties for littering, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Committee Substitute bill is adopted and placed on the Calendar for 
Monday, March 30. 

By Senator Winner for the Environment Committee: 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina, with a 
favorable report, as amended. 

By Senator Harris for the Human Resources Committee: 

S.B. 95, a bill to establish a Statewide Health Promotion and Disease Prevention 
Program, with a favorable report, as amended. 

On motion of Senator Harris, the rules are suspended an the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amend- 
ments No. 1 and No. 2 are adopted. 



March 26. 1987 



140 SENATE JOURNAL [Session 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hunt of Durham: 

S.B. 215, a bill to raise the processing fee for bad checks. 
Referred to Finance Committee. 

By Senators Barnes, Block, Hardison, Hipps, Seymour, Tally, Warren, and Win- 
ner: 

S.B. 216, a bill to amend and clarify statutes contained in Chapter 90 of the Gen- 
eral Statutes dealing with the definition of and regulation of cocaine. 
Referred to Judiciary I Committee. 

By Senator Walker: 

S.B. 217, a bill to promote economic development by authorizing tax credits for 
certain business investments. 

Referred to Economic Growth Committee. 

By Senator Simpson: 

S.B. 218, a bill to reduce the legal level of intoxication for drivers driving passenger 
vehicles of over 15 passenger capacity including the driver, driving commercial type or 
combination type vehicles with a gross weight of 26,000 pounds, or driving a vehicle 
transporting hazardous materials. 

Referred to Judiciary IV Committee. 

By Senator Somers: 

S.B. 219, a bill to amend the mandatory seat belt law so as to make seat belt usage 
optional for adults. ol g j; ?? 

Referred to Judiciary I Committee. 

By Senators Martin, of Pitt and Ezzell: 

S.B. 220, a bill to appropriate funds to the Antique Village of Wilson County. 
Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 221, a bill to increase the interest rate applicable to In Re property tax foreclo- 
sures and to permit a taxing unit to collect administrative costs incurred in these fore- 
closures. 

Referred to Finance Committee. 

By Senator Speed: 

S.B. 222, a bill to make technical corrections to the property tax statutes concern- 
ing appraisal at use value. 

Referred to Agriculture Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 26, 1987 



1987] SENATE JOURNAL 141 

H.B. 108, a bill to extend from three to five years the time for demanding property 
tax refunds. 

Referred to Finance Committee. 

H.B. 204, a bill making technical corrections to the property tax statutes governing 
collection of property taxes. 

Referred to Finance Committee. 

H.B. 245, a bill to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year. 

Referred to Higher Education Committee. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the 1985 Session of the 
General Assembly are referred to committee, as follows: 

Executive Order Number 41, Governor's Task Force on Development of Pri- 
vate Seed Venture Capital Sources. 

Referred to Economic Growth Committee. 

Executive Order Number 42, State Building Commission. 
Referred to State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 170, a bill to grant additional eminent domain powers to the Town of Apex for 
water and sewer lines and water and sewer treatment facilities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 1, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Sherron, Simpson, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Warren, and Winner~42. 

Voting in the negative: Senator Harris — 1. 

The bill is ordered sent to the House of Representatives. 

S.B. 179, a bill to authorize a single purchase-transportation permit for certain 
large purchases of spirituous liquor. 

On motion of Senator Seymour, Committee Amendment No. 1 is adopted. 

Senator Rand offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H.B. 169, a bill to authorize the lawful taking of black bears in Beaufort County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 167, a bill to amend the provisions which forbid local board of health mem- 
bers to serve more than three consecutive three-year terms. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 183, a bill to provide that the Division of Motor Vehicles may not give oral 
drivers license tests to provisional licensees. 

The bill passes its second reading (electronically recorded) . 



March 26, 1987 



142 SENATE JOURNAL [Session 

Senator Warren objects to the third reading of the bill and it remains on the Calen- 
dar for tomorrow for further consideration. 

H.B. 181, a bill to repeal the Hospice sunsetting provision. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 214, a bill to conform the hours of alcohol sales to federal Daylight Savings 
Time. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 65, a bill to adopt a comparative fault system and make it inapplicable to 
State torts and to abolish joint and several liability, upon third reading. 

Senator Barnes calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The bill passes its third reading (electronically recorded) . 

Senator Barnes, seconded by Senator Harris, moves that the vote by which the bill 
passed its third reading be reconsidered and further moves that that motion do lie upon 
the table, which motion prevails (electronically recorded). The motion to reconsider 
the passage of the bill upon its third reading lies upon the table. Without objection, 
the bill is ordered sent to the House of Representatives by special messenger. 

On motion of Senator Harrington, seconded by Senator Richardson, the Senate ad- 
journs to meet tomorrow at 9:30 A.M. 



THIRTY-FIFTH DAY 

Senate Chamber, 
Friday, March 27, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Mary A. Clive, Minister of Broadway United 
Methodist Church, Broadway, as follows: 

"Lord still our hearts and minds so that we may come in prayer and worship before 
You. Oh, God, Maker of us all and the One Who is above all else, You have given us 
a heavy burden in the responsibility to make policies and be responsive to the needs of 
Your people. At the same time. You have made us human; vulnerable to the cries of 
competing needs and opinions. In these situations, give us the thinking hearts and 
feeling minds to be able to discern Your voice above the clamor of so many desires, so 
that all may come to live in peace and acceptance. Let us realize that although we 
have responsibilities, stress, and burdens. Your wisdom and power have been with all 
leaders since the time of Moses; they are sufficient to carry us forth if we but do our 
work, then rest in faith in You. Give us a sense of peace and assurance while still 
staying open and vulnerable to the God Who is present in all. 

"In thanks and praise, we come to You, the One God of all. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Guy, who is attending a funeral, 
to Senator Staton, who has a doctor's appointment, and to Senators Hipps, 
McDuffie, and Thomas for today. 



March 27, 1987 



1987] SENATE JOURNAL 143 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 64, an act to authorize Nash County to levy a room occupancy and tourism 
development tax. (Ch. 32) 

H.B. 169, an act to authorize the lawful taking of black bears in Beaufort County. 
(Ch. 33) 

H.B. 181, an act to repeal the Hospice sunsetting provision. (Ch. 34) 

H.B. 214, an act to conform the hours of alcohol sales to federal Daylight Savings 
Time. (Ch. 35) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee: 

S. J.R. 146, a joint resolution to honor the memory of the distinguished jurist and 
legislator, the late Honorable Earl W. Vaughn, and to acknowledge his career of pub- 
lic service and his unique contribution to the State of North Carolina, with a favorable 
report. 

On motion of Senator Harrington, the joint resolution is placed on the Calendar for 
Monday, March 30, as Special Order of Business No. 1. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hipps and Thomas: 

S.B. 223, a bill to appropriate funds to finance the removal of hazardous sub- 
stances, including poisons, corrosives, flammables, and explosives, from the schools 
of this State. 

Referred to Appropriations Committee. 

By Senators Kincaid, Goldston, and Sands: 

S.B. 224, a bill to authorize the Town of Beech Mountain to levy a room occu- 
pancy and tourism development tax. 
Referred to Finance Committee. 

By Senator Tally: 

S.B. 225, a bill to amend the law regarding kindergarten health assessments. 
Referred to Human Resources Committee. 

By Senators Taft, Johnson of Cabarrus, McDuffie, Sherron, Smith, Somers, 
Staton, Tally, Walker, Ward, and Winner: 

S.B. 226, a bill to establish the Underground Storage Tank Remedial Action Fund. 
Referred to Environment Committee. 



March 27, 1987 



144 SENATE JOURNAL [Session 

By Senators Basnight and Martin of Pitt: 

S.B. 227, a bill to make the Shad Boat the official State boat. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Harris: 

S.B. 228, a bill to establish a Statewide AIDS Prevention and Education Program. 
Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 229, a bill to amend the North Carolina Drinking Water Act. 
Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 230, a bill to authorize the Commission for Health Services to adopt rules 
governing the sanitation of fish markets, and to make other conforming changes in 
Article 8, Chapter 130 A of the General Statutes. 

Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 231, a bill to require the Secretary of Human Resources to inspect food and 
lodging facilities at least four times a year. 

Referred to Human Resources Committee. 

ADDITIONAL ENDORSEMENTS 

M \;.r :■ .'■ -^ -im r- i.^.~- 

The following Senators request to be recorded endorsing bills previously introduced: 

By Senator Daniel: 

S.B. 215, a bill to raise the processing fee for bad checks. 

By Senator Daniel: 

S.B. 226, a bill to establish the Underground Storage Tank Remedial Action Fund. 

By Senators Daniel and Marvin: 

S.B. 228, a bill to establish a Statewide AIDS Prevention and Education Program. 

By Senator Marvin: 

S.B. 229, a bill to amend the North Carolina Drinking Water Act. 

CALENDAR 
Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

Senator Walker offers Amendment No. 2. 

Without objection. Senator Block is excused from voting for the stated reason: "I 
am a stockholder of National Services Industries which owns National Linen Service 
one of the largest commercial laundries in the State." 

March 27, 1987 



1987] SENATE JOURNAL 145 

Amendment No. 2 is adopted (electronically recorded). 

Senator Harris rises to a point of order as to the necessity of the bill, as amended, 
being re-referred to the Finance Committee. The Chair rules that the bill, as 
amended, is not required to be referred to the Finance Committee under Rule 42. 

Senator Simpson offers Amendment No. 3 which fails of adoption (electronically 
recorded) . 

Senator Swain offers Amendment No. 4. Senator Swain calls the previous ques- 
tion, duly seconded. The call is sustained. Amendment No. 4 fails of adoption (elec- 
tronically recorded) . 

Senator Winner calls the previous question. The call is not sustained for lack of a 
second. 

Senator Martin of Pitt offers Amendment No. 5. 

Without objection. Senator Block is excused from voting for the stated reason: "I 
am a stockholder of National Services Industries which owns National Linen Service 
one of the largest commercial laundries in the State." 

Amendment No. 5 fails of adoption (electronically recorded). 

Senator Parnell offers Amendment No. 6 which fails of adoption (electronically re- 
corded) . 

Senator Walker calls the previous question. The call is not sustained for lack of a 
second. 

Senator Swain offers Amendment No. 7. 

Senator Walker, seconded by Senator Rand, offers a motion that Amendment No. 7 
do lie upon the table, which motion prevails (electronically recorded). Amendment 
No. 7 lies upon the table. 

Senator Walker, seconded by Senator Harrington, calls the previous question. The 
call is sustained. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Swain objects to the third reading of the bill, as amended, and the bill, as 
amended, remains on the Calendar for Monday, March 30, for further consideration. 

WITHDRAWAL FROM COMMITTEE 

H.B. 278, a bill to allocate funds from the special reserve for oil overcharge funds 
to pay the attorneys who represent the State in the oil overcharge fund litigation. 

Senator Plyler moves that the bill be taken from the Appropriations Committee 
and placed on the Calendar for immediate consideration, which motion prevails. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

CALENDAR (Continued) 

H.B. 228, a bill to permit the Department of Correction to provide laundry services 
for the U.S. Olympic Festival - '87. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers, as amended, upon third reading. 

On motion of Senator Taft, consideration of the bill, as amended, is postponed until 
Monday, April 6. 

S.B. 183, a bill to provide that the Division of Motor Vehicles may not give oral 
drivers license tests to provisional licensees, upon third reading. 

On motion of Senator Sands, the bill is re-referred to the Education Committee. 



March 27, 1987 



146 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

S.B. 66, a bill to adopt a comparative fault system for State torts, with an unfavor- 
able report as to bill, but favorable report as to Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill which changes the title to read S.B. 66 (Committee Substitute), a bill to adopt a 
comparative fault system and to abolish joint and several liability for State torts, and 
on his further motion the Committee Substitute bill is adopted. 

On motion of Senator Barnes, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Harrington, seconded by Senator Block, the Senate adjourns 
to meet Monday at 7:00 P.M. 



THIRTY-SIXTH DAY 

Senate Chamber, 
- r Monday, March 30, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend R. Keith Glover, Minister of White Plains United 
Methodist Church, Cary, as follows: 

"Almighty God, for the many evidences of Your creative handiwork, we give You 
thanks and praise. For the refreshment of the rain, for the warmth of the sunshine, 
for the budding crocus, for the flowering dogwood, for worthwhile tasks to do, for the 
gift of time in which to do them, for all this, we give You thanks and praise. May 
Your creative and enabling Presence continue in the lives of the members of this Gen- 
eral Assembly. Give them the wisdom and courage needed for the tasks set before 
them, eyes that see the needs, ears that hear the cries for help, and above all, hearts 
committed to the cause of truth and justice. 

"Make us instruments of Your peace, and use each of us in a special way in the task 
of making the State of North Carolina a better place to live, work, and play for all of 
its citizens. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Thomas for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



March 30. 1987 



1987] SENATE JOURNAL 147 

S.B. 32, an act to provide that in all elections with voting devices requiring the voter 
to punch or mark a number in order to cast a straight-party ticket, the number shall be 
uniform statewide. (Ch. 36) 

S.B. 79, an act to change the candidate filing period for the Caldwell County Board 
of Education. (Ch. 37) 

S.B. 116, an act to permit the taking of one antlerless deer during a muzzle-loading 
firearms season with a bag limit of five or more. (Ch. 38) 

S.B. 141, an act to prohibit hunting from the rights-of-way of public roads in 
Burke and Caldwell Counties. (Ch. 39) 

H.B. 228, an act to permit the Department of Correction to provide laundry serv- 
ices for the U.S. Olympic Festival - '87. (Ch. 40) 

H.B. 278, an act to allocate funds from the special reserve for oil overcharge funds 
to pay the attorneys who represent the State in the oil overcharge fund litigation. (Ch. 
41) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Simpson: 

S.B. 232, a bill to provide procedures to protect the privacy of any children required 
to testify as victims of abuse . 

Referred to Judiciary IV Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson 
of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rauch, 
Richardson, Sands, Sherron, Speed, Swain, Taft, Tally, Walker, Ward, and War- 
ren: 

S.B. 233, a bill to appropriate funds to the Department of Human Resources, Divi- 
sion of Health Services for the United Cerebral Palsy of North Carolina. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 150, a bill to require persons hunting big game to display on their person a 
minimum amount of hunter orange. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 168, a bill to repeal the sunset provision on certain safety requirements con- 
cerning a stopped school bus. 

Referred to Transportation Committee. 

H.B. 227, a bill to restate the corporate boundaries of the Town of Dublin. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 240, a bill to make permanent the exemption for the Tyrrell County Boards of 
Education and County Commissioners to enter into certain contracts without comply- 
ing with Chapter 133 and Article 8 of Chapter 143 of the General Statutes. 

Referred to Local Government and Regional Affairs I Committee. 



March 30, 1987 



148 ' SENATE JOURNAL [Session 

H.B. 251, a bill to repeal the Fayetteville Boxing and Wrestling Commission. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 253, a bill concerning voluntary satellite annexations by the Town of Kenly. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 258, a bill to allow the Town of Wendell to impose water and wastewater 
capacity charges. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 265, a bill to revise the duties of the Council on Developmental Disabilities. 
Referred to Human Resources Committee. 

H.B. 287, a bill regarding the Commissioner of Motor Vehicles' authority to regu- 
late driver training schools. 

Referred to Transportation Committee. . 

H.B. 289, a bill to make a technical correction relating to accident reporting after 
an accident involving a common carrier and another vehicle. 
Referred to Judiciary I Committee. 

APPOINTMENT BY THE GOVERNOR 

■■. ■"-)• eil '' 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

March 30, 1987 

The Honorable Robert B. Jordan III 

Lieutenant Governor of North Carolina 

State Legislative Building 

Raleigh, North Carolina 27611 f^ 

^^''^ Re: State Personnel Commission 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 126-2, I hereby appoint Garland 
S. Edwards, Rockingham County, North Carolina as a member of the State Personnel 
Commission, to fill a vacancy until June 30, 1987, subject to confirmation by the 
General Assembly in joint session. Furthermore, I hereby submit his name to the 
General Assembly for said confirmation. 

J Sincerely, , , . ' 

s/James G. Martin 
Governor 

Referred to State Personnel Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.J.R. 146 SPECIAL ORDER NO. 1 

The hour having arrived for the consideration of Special Order of Business No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it being, 



March 30, 1987 



1987] SENATE JOURNAL 149 

S.J.R. 146, a joint resolution to honor the memory of the distinguished jurist and 
legislator, the late Honorable Earl W. Vaughn, and to acknowledge his career of pub- 
lic service and his unique contribution to the State of North Carolina. 

The joint resolution passes its second reading (electronically recorded) , and its third 
reading by members of the Senate standing, and is ordered, without objection, sent to 
the House of Representatives by special messenger. 

S.B. 131 (Committee Substitute), a bill to revise the penalties for littering. 
The Committee Substitute bill passes its second reading (electronically recorded) . 
On objection of Senator Barnes to its third reading, the Committee Substitute bill 
remains on the Calendar for tomorrow for further consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J. R. 302, a joint resolution honoring the life and memory of Robert Alton Gray, 
former Superintendent of Schools in Harnett County. 

On motion of Senator Johnson of Wake, the rules are suspended, and the joint 
resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

CALENDAR (Continued) 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina, as 
amended, upon third reading. 

Senator Barker offers Amendment No. 8 which he subsequently withdraws. 

Senator Walker calls the previous question, seconded by Senator Plyler. 

Senator Taft offers a motion that the Senate do now adjourn, seconded by Senator 
Swain, which motion fails to prevail. 

Senator Walker calls the previous question, seconded by Senator Rand. The call is 
sustained (electronically recorded) . 

The bill, as amended, passes its third reading (electronically recorded). 

Senator Walker moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered and further moves that that motion do lie upon the table, 
which motion prevails (electronically recorded) . The motion to reconsider the passage 
of the bill, as amended, upon its third reading lies upon the table. The Chair orders 
the bill engrossed and sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Dawn 
Leona Baldwin, New Bern; Melissa Marie Barham, Durham; Robin Bavacqua, 
Raleigh; Bruce Wayne Brazelton, Havelock; Melissa Collins Britt, Lumberton; Derek 
Creech, Raleigh; Christopher Todd Davis, Kenly; Meg Dickerson, Sanford; Lee 
Johanson, Raleigh; Briles Johnson, Raleigh; Jeffrey Scot Laws, Hudson; Laura 
Elizabeth Lyles, Rockingham; Kenneth Moore, Raleigh; David Nunnery, Autryville; 
Michelle Stillwell, Greenville; Michele Louise Taylor, Durham; Tammy Lynn Tip- 
pett, Franklinton; Sherri Lynne Warren, Newton Grove; and Melissa Anne Wise, 
Stedman. 

On motion of Senator Harrington, seconded by Senator Johnson of Wake, the Sen- 
ate adjourns to meet tomorrow at 1:30 P.M. 



March 30, 1987 



150 " SENATE JOURNAL [Session 

THIRTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 31, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Suzanna Helms, Associate Minister of Hayes Bar- 
ton United Methodist Church, Raleigh, as follows: 

"Most Holy God, we pause in this moment to remember that here, as in all places, 
we are in Your Presence. You are within us. You are among us, uniting us to each 
other and to all Your children. 

"You have placed a special calling in the hearts of the women and men gathered 
here, O God. They are, at once, servants, peacemakers, and protectors. They have 
the great privilege and awesome responsibility to make decisions which affect many 
other persons. As they deliberate, may they know You as their source of wisdom and 
understanding. Grant them peace and patience. Grant them perspective on both their 
power and their humility. 

"These are good people, O God. They seek to serve well and lead bravely and 
make wise decisions and work to the best of their abilities. Be their guide, Lord. 
Bless them and keep them that all they might do and say would reflect the seriousness 
and indeed the sacredness of their calling. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Plyler for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 154 (Committee Substitute), an act to authorize more counties to regulate 
abandoned junked vehicles for aesthetic purposes. (Ch. 42) 

S. J.R. 146, a joint resolution to honor the memory of the distinguished jurist and 
legislator, the late Honorable Earl W. Vaughn, and to acknowledge his career of pub- 
lic service and his unique contribution to the State of North Carolina. (Res. 12) 

H. J. R. 302, a joint resolution honoring the life and memory of Robert Alton Gray, 
former Superintendent of Schools in Harnett County. (Res. 13) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 210, a bill to clarify the selection of the Burial Association Administrator, 
with an unfavorable report as to bill, but favorable report as to Committee Substitute 
bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill, which changes the title to read S.B. 210 (Committee Substitute), a bill 



March 31. 1987 



1987] SENATE JOURNAL 151 

to clarify the selection of the Administrator, is placed before the Senate for immediate 
consideration and on his further motion the Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Thursday, April 2. 

By Senator Barnes for the Judiciary I Committee: 

S.B. 96, a bill to make the evidence of the usage of seat belts inadmissible in crimi- 
nal or civil proceedings, with a favorable report. 

By Senator Guy for the State Government Committee: 

H.B. 71, a bill to establish the Legislative Committee on New Licensing Boards 
and a review process for the creation of occupational and professional licensing 
boards, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Guy, the rules are suspended and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration and on his further 
motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Guy, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee: 

S.R. 13, a Senate Resolution adopting the permanent Rules of the Senate for the 
1987 Session of the General Assembly of North Carolina, with an unfavorable report 
as to Senate resolution, but favorable as to Committee Substitute Senate resolution, 
with recommendation for adoption. 

On motion of Senator Harrington, the proposed Senate Committee Substitute reso- 
lution is placed before the Senate for immediate consideration for adoption. 

The Senate Committee Substitute resolution is adopted. The text of the resolution is 
as follows: 

PERMANENT RULES OF THE 1987 SENATE 
GENERAL ASSEMBLY OF NORTH CAROLINA 

L Order of Business, Rules 1-7 

n. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-67 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its com- 
mittees. — The following rules shall govern and control all actions and procedures of 
the Senate and its committees. 

RULE 2. Convening hour. — The President shall take the Chair at the hour fixed 
by the Senate upon adjournment on the preceding legislative day, and shall call the 
members to order. In case the Senate adjourned on the preceding legislative day with- 
out having fixed the hour of reconvening, the Senate shall reconvene on the next legis- 
lative day at 1:30 p.m. 

RULE 3. Opening the session. — The President shall, upon order being ob- 
tained, have the sessions of the Senate opened with prayer. 



March 31, 1987 



152 • SENATE JOURNAL [Session 

RULE 4. Convening in absence of President. — In the absence of the Presi- 
dent, the President Pro Tempore shall reconvene the Senate and preside, and during 
such time shall be vested with all powers of the President except that of casting a vote 
in case of tie when he has already voted on the question as a Senator. In the event of 
the absence of the President and President Pro Tempore at any time fixed for the 
reconvening of the Senate, the Majority Leader of the Senate, the Principal Clerk of 
the Senate, or in his or her absence also, some member of the Senate Committee on 
Rules and Operation of the Senate, shall call the Senate to order and designate some 
member to act as President. 

RULE 5. Quorum. — (a) A quorum consists of a majority of all the qualified 
members of the Senate. 

(b) When a lesser number than a quorum convene, the Senators present may send 
the doorkeeper or any person, for any or all absent Senators, as a majority of the 
Senators present determine. 

RULE 6. Approval of Journal. — After the prayer, and upon appearance of a 
quorum, the President shall cause the Journal of the preceding day to be read and 
approved, unless the Chairman of the Committee on Rules and Operation of the Sen- 
ate or some member of the Senate by motion sustained by a majority of the members 
present, has the reading thereof dispensed with and the same approved as written. 

RULE 7. Order of business. — After approval of the Journal, the order of busi- 
ness shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order. Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading v/va voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order. Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

II. Conduct of Debate 

RULE 8. President to maintain order. — The President shall have general di- 
rection of the Hall of the Senate and shall be authorized to take such action as is 
necessary to maintain order, and in case of any disturbance or disorderly conduct in 
the galleries or lobbies, he shall have the power to order those areas cleared. 

RULE 9. Substitution for President. —The President shall have the right to 
call on any member to perform the duties of the Chair, but substitution shall not ex- 
tend beyond one day. 

RULE 10. Points of order. — (a) The President shall preserve order and deco- 
rum and proceed with the business of the Senate according to the rules adopted. He 
shall decide all questions of order, subject to an appeal to the Senate by any member, 
on which appeal no member shall speak more than once unless by leave of the Senate. 
A two-thirds vote of the membership of the Senate is necessary to sustain any appeal 
from the ruling of the Chair. 



March 31, 1987 



1987] SENATE JOURNAL 153 

(b) In the event the Senate Rules do not provide for, or cover any point of order 
raised by any Senator, the rules of the United States House of Representatives shall 
govern. 

(c) When a Senator is called to order he shall take his seat until the President 
determines whether he was in order or not; if decided to be out of order, he shall not 
proceed without the permission of the Senate; and every question of order shall be 
decided by the President, subject to an appeal to the Senate by any Senator; and if a 
Senator is called to order for words spoken, the words excepted to shall be immedi- 
ately taken down in writing, that the President or Senate may be better able to judge 
the matter. 

RULE 11. Debating and voting by Lieutenant Governor. — The Lieutenant 
Governor, as President of the Senate, being a Constitutional Officer shall not have the 
right to debate any question or to address the Senate upon any proposition unless by 
permission of the majority of members present, and shall have the right to vote only 
when there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak in 
debate or deliver any matter to the Senate, he shall rise from his seat and respectfully 
address the President. No member shall speak further until recognized by the Presi- 
dent, and when two or more members rise at the same time, the President shall name 
the member to speak. 

(b) A Senator who has the floor may yield the floor to another Senator only for the 
purpose of allowing another Senator to state a question. Only the Chair may award 
the floor to any Senator for the purposes of allowing that Senator to engage in general 
debate. 

(c) A Senator who has obtained the floor may be interrupted only for the following 
reasons: 

1. a request that the member speaking yield for a question, 

2. a point of order, or 

3. a parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be used. 

RULE 13. Recognition for extending courtesies. — (a) Courtesies of the 
floor and galleries shall be extended only by the President on his own motion or upon 
the written request of a member of the Senate to former members of the General As- 
sembly or to distinguished visitors. 

(b) Members may designate Honorary Pages by a statement delivered to the Princi- 
pal Clerk who will have a certificate issued therefor. 

(c) The President may upon written request at intervals between various orders of 
business extend courtesies to schools or other special large groups visiting in the galler- 
ies while they are present, and the President shall, at such times as he deems appro- 
priate, express to those visitors in the galleries the pleasure of the Senate for their 
presence. 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak 
on the same day more than twice on the main question, nor longer than thirty minutes 
for the first speech and fifteen minutes for the second speech. No Senator shall speak 
on the same day more than once on an amendment or a motion to reconsider, com- 
mit, appeal or postpone, and then no longer than ten minutes. 

(b) By permission of the President any member of the Senate may address the 
Senate from the well of the Senate for the purpose of explaining a bill or of giving an 
invocation. 

RULE 15. Priority of business. — All questions relating to priority of business 
shall be decided without debate. 



March 31, 1987 



154 • SENATE JOURNAL [Session 

RULE 16. Reading of papers. — When the reading of a paper, other than a 
petition, is called for, and any Senator objects to the reading, the question shall be 
determined by the Senate without debate. 

RULE 17. General decorum. — (a) Male Senators and male visitors shall un- 
cover their heads upon entering the Senate Chamber while the Senate is in session and 
shall continue uncovered during their continuance in the Chamber, unless one's relig- 
ion requires his head to be covered. 

(b) No remark reflecting personally upon the action of any Senator shall be in order 
upon the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the President is putting a question, or a division by counting is in pro- 
gress, no Senator shall walk out of or across the Chamber, nor when a Senator is 
speaking, pass between him and the President. 

(d) When a motion to adjourn or for recess is affirmatively determined, no member 
or officer shall leave his place until adjournment or recess is declared by the President. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or 
organization shall be in order upon the floor of the Senate, unless the remark has some 
relevance to a bill or resolution before the body. No article of any kind soliciting 
business or donations may be placed by any person anywhere in the Senate Chamber 
or in any Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on the 
floor or in the galleries; however, after the Senate has remained in session for a period 
of two hours, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be accept- 
able while the Senate is in session. 

III. Motions 

RULE 18. Motions generally. — All motions shall be reduced to writing, if de- 
sired by the President or a Senator, delivered at the table, and read by the President or 
Reading Clerk before the same are debated; but any motion may be withdrawn by the 
introducer at any time before decision or amendment. No motion relating to a bill 
shall be in order which does not identify the bill by its number and short title. Except 
as otherwise specifically provided in these rules, no second is required. 

RULE 19. Motion; order of precedence. — When a question is before the Sen- 
ate no motion shall be received except those herein specified, which motions shall 
have precedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

(9) To substitute. 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay on 
the table, and to call for the previous question, shall be seconded and decided without 
debate, and the motion to adjourn shall always be in order when made by a Senator 
entitled to the floor. 

RULE 21. Motions to postpone to certain day and to commit. — The re- 
spective motions to postpone to a certain day, or to commit to a standing or select 
committee, shall preclude debate on the main question. 



March 31, 1987 



1987] SENATE JOURNAL 155 

RULE 22 . (Reserved for future use) . 

RULE 23. Motion for previous question. — The previous question shall be as 
follows: "Shall the main question be now put?" and until it is decided shall preclude 
all amendments and debate. If this question is decided in the affirmative, the "main 
question" shall be on the passage of the bill, resolution, or other matter under consid- 
eration; but when amendments are pending, the question shall be taken upon such 
amendments in their inverse order, without further debate or amendment: Provided, 
that no one shall move the previous question except the chairman of the committee 
submitting the report on the bill or other matter under consideration, or the member 
introducing the bill or other matter under consideration, or the member in charge of 
the measure, who shall be designated by the chairman of the committee reporting the 
same to the Senate at the time the bill or other matter under consideration is reported 
to the Senate or taken up for consideration. 

RULE 24. Motion to reconsider. — When a question has been once put and 
decided, any Senator who voted in the majority may move to reconsideration thereof; 
but no motion for the reconsideration of any vote shall be in order after the bill, reso- 
lution, message, report, amendment, or motion upon which the vote was taken has 
gone out of the possession of the Senate; nor shall any motion for reconsideration be 
in order unless made on the same day or in the next following legislative day on which 
the vote proposed to be reconsidered took place, unless the motion is made by the 
Committee on Rules and Operation of the Senate for verbal or grammatical errors in 
the bills, when the motion may be made at any time: Provided, that when the next 
legislative day has by motion of the Senate been restricted as to matters which may be 
considered, a motion to reconsider shall be in order on the next succeeding day upon 
which regular business is conducted. No question shall be reconsidered more than 
once. 

IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following 
questions shall be taken on the electronic voting system, and the ayes and noes shall 
be recorded on the Journal: 

(1) All questions on which the Constitution of North Carolina requires that 
the ayes and noes be taken and recorded on the Journal. 

(2) All questions on which a call for the ayes and noes under Rule 26(b) 
has been sustained. 

(3) Both second and third readings of bills proposing amendment of the 
Constitution of North Carolina. 

(b) Votes on the following questions shall be taken on the electronic voting system, 
and a copy of the machine print-out of the votes shall be filed in the Legislative Li- 
brary where it shall be open to public inspections: 

(1) Second reading of all public bills, all amendments to public bills offered 
after second reading, third reading if a public bill was amended after 
second reading, and all conference reports on public bills. 

(2) Any other question upon direction of the Chair or upon motion of any 
Senator supported by one-fifth of the Senators present. 

(c) When the electronic voting system is used, the Chair shall fix and announce the 
time, not to exceed one minute, which shall be allowed for voting on the question 
before the Senate. The system shall be set to lock automatically and to record the vote 
when that time has expired. Once the system has locked and recorded a vote, the vote 
shall be printed by the system. 

(d) The voting station at each Senator's desk in the Chamber shall be used only by 
the Senator to which the station is assigned. Under no circumstances shall any other 
person vote at a Senator's station. It is a breach of the ethical obligation of a Senator 
either to request that another vote at the requesting Senator's station, or to vote at 
another Senator's station. The Chair shall enforce this rule without exception. 



March 31, 1987 



156 SENATE JOURNAL [Session 

(e) When the electronic voting system is used, the Chair shall state the question 
and shall then state substantially the following: "All in favor vote 'aye'; all opposed 

vote 'no'; seconds will be allowed for voting on this question; the Clerk will 

record the vote." After the machine locks and records the vote, the Chair shall an- 
nounce the vote and declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the office 
of the Principal Clerk, and one copy shall be filed in the Legislative Library where it 
shall be open to public inspection. 

(g) When the Chair ascertains that the electronic voting system is inoperative be- 
fore a vote is taken or while a vote is being taken on the electronic system, he shall 
announce that fact to the Senate and any partial electronic system voting record shall 
be voided. In such a case, if the Constitution of North Carolina or the Rules of the 
Senate require a call of the ayes and noes, the Clerk shall call the roll of the Senate, 
and the ayes and noes shall be taken manually and shall be recorded on the Journal. 
All other votes shall be taken by voice vote as prescribed in Senate Rule 26(a). If, 
after a vote is taken on the electronic system, it is discovered that a malfunction 
caused an error in the electronic system print-out, the Chair shall direct the Reading 
Clerk and the Principal Clerk to verify and correct the print-out record and so advise 
the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the elec- 
tronic system (the identification codes having no relation to the order of precedence of 
motions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 

RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic 
voting system is not used, all votes on which a call of the roll of the Senate is not 
required shall be taken by voice vote. The question shall be put as follows: "Those in 
favor say 'aye'," and, after the affirmative vote is expressed, "Opposed 'no'"; after 
which the Chair shall announce the result. If a division on any vote is desired, it must 
be called for immediately before the result of the voting is announced on any question, 
and upon such call, the Chair shall require the members to stand and be counted for 
and against the proposition under consideration. 

(b) The ayes and the noes may be called for on any question before the vote is 
taken. If a Senator desires the ayes and noes recorded on the Journal on a question, 
he shall address the Chair and obtain recognition and say, "Upon that question I call 
for the ayes and noes." Whereupon the Chair shall say, "Is the call sustained?" If 
one-fifth of the Senators present then stand, the vote shall be taken on the electronic 
voting system if it is operative, and the ayes and noes shall be recorded on the Journal. 
If the electronic voting system is inoperative, the roll of the Senate shall be called and 
the ayes and noes taken manually and recorded on the Journal. If fewer than one- 
fifth of the Senators present stand to sustain the call, the Chair shall announce, "An 
insufficient number up" and a vote by electronic voting or by voice, whichever is ap- 
propriate under the Rules of the Senate, shall be taken. 

RULE 27. Pairs. — If a Senator is paired with another Senator on a question, the 
Senator shall announce the pair as follows: "Mr. President, I desire to announce a 
pair. If Senator were present, he would vote ; I would vote (the 



March 31. 1987 



1987] SENATE JOURNAL 157 

opposite)." The Senator shall send forward at that time a written statement of the 
pair on a form provided by the Principal Clerk and neither member of the pair shall 
vote on the question. A pair shall be announced before the vote is taken viva voce, or 
if the electronic voting system is used, before the machine is unlocked. The Clerk 
shall record the pair on the Journal when the Constitution or Rules of the Senate re- 
quire a call of the roll and shall record on the electronic system print-out all pairs 
announced. 

RULE 28. Dividing question. — If any question contains several distinct proposi- 
tions, it shall be divided by the President,, at the request of any Senator, provided each 
subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the bar of 
the Senate when the question is stated by the Chair shall vote thereon unless he is 
excused by the Senate. The bar of the Senate shall include the entire Senate Cham- 
ber. 

(b) Any Senator may request to be excused from voting, either immediately before 
or after the vote has been called for and before a viva voce vote result has been an- 
nounced or before the electronic voting system has been unlocked. The Senator may 
make a brief statement of the reasons for making such request, and shall send forward 
to the Principal Clerk, on a form provided by the Clerk, a concise statement of the 
reason for the request, and the Clerk shall include this statement in the Journal. The 
question on granting of the request shall be taken without debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on any bill 
pending by obtaining permission of the President after the final vote is taken: Pro- 
vided, that not more than three minutes shall be consumed in such explanation. 

RULE 30.1. Questions of personal privilege. — Upon recognition by the 
President for that purpose, any Senator may speak to a question of personal privilege 
for a time not exceeding three minutes. Personal privilege may not be used to explain 
a vote, debate a bill, or in any way disrupt the regular business of the Senate. The 
President shall determine if the question raised is one of privilege and shall, without 
the point of order being raised, enforce this rule. 

V. Committees 

RULE 31. Appointment of committees. — (a) The President of the Senate, 
unless he has by law disqualified himself from that office, shall have the exclusive 
right and authority to appoint all committees, regular or select, and to appoint com- 
mittee chairmen and vice-chairmen, but he may delegate said authority in any in- 
stance, as he may choose. Upon the recommendation of the Committee on Rules and 
Operation of the Senate, the Senate may authorize, by majority vote of the Senators 
present and voting, a change in the number of standing committees. 

(b) The President of the Senate shall appoint all standing committees at the begin- 
ning of the session. 

RULE 32. List of standing committees. — The standing committees shall be: 
Alcoholic Beverage Control 
Agriculture 
Appropriations 

Appropriations on Education \ 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Base Budget i 

Children and Youth 



March 31. 1987 



158 SENATE JOURNAL [Session 

Commerce 

Constitution 

Economic Growth 

Education 

Election Laws 

Environment 

Finance 

Higher Education 

Human Resources 

Insurance 

Judiciary I 

Judiciary II 

Judiciary III 

Judiciary IV 

Local Government and Regional Affairs I 

Local Government and Regional Affairs II 

Manufacturing and Labor 

Natural and Economic Resources and Wildlife 

Pensions and Retirement 

Rules and Operation of the Senate 

State Government 

State Personnel 

Transportation ''" ' ' ^ 

Veteran Affairs and Senior Citizens 

Ways and Means * 

RULE 33. Notice of committee meetings. — (a) Public notice of all commit- 
tee meetings shall be given in the Senate. The required notice may be waived as to any 
meeting by the attendance at that meeting of all of the members of the committee, or 
by personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the sponsor 
of each bill which is set for hearing or consideration before the committee as to the 
date, time and place of that meeting. 

RULE 34. Membership of committees; quorum. — Membership on standing 
committees shall consist of not more than 22 or less than 5 Senators, including the 
chairman and/or cochairman and vice-chairman who shall be designated by the Presi- 
dent; provided, the committee membership on the Appropriations Committee, Base 
Budget Committee, Finance Committee, State Government Committee, and Ways and 
Means Committee shall not be limited as to membership but shall be left to the discre- 
tion of the President. No Senator shall hold membership on more than 12 standing 
committees, with the exception of the President's Coordinator of Committees, unless 
the Rules and Operation of the Senate Committee provides otherwise. A quorum of 
the Appropriations, Base Budget, Finance, State Government, or Ways and Means 
Committees shall consist of a majority of the committee. A quorum of any other 
committee shall consist of either the chairman and five members or a majority of the 
committee, whichever is fewer. 

RULE 35. Roil Call vote in Committee. — No roll call vote may be taken in 
any committee. The committee chairman may vote in committee. 

RULE 36. Committee meetings. — No committee or subcommittee shall hold a 
secret meeting, and all meetings of committees and subcommittees shall be open to the 
public: Provided, that any committee or subcommittee has the inherent right to hold 
an executive session when it determines that it is absolutely necessary to have such a 
session in order to prevent personal embarrassment, or when it is in the best interest of 



March 31, 1987 



1987] SENATE JOURNAL 159 

the State; and in no event shall final action be taken by any committee or subcommit- 
tee except in open session. 

RULE 36.1. Committee minutes to Legislative Library. — The chairman of 
a committee shall insure that written minutes are compiled for each of the committee's 
meetings. The minutes shall indicate the number of members present and the actions 
taken by the committee at the meeting. Not later than 20 days after the adjournment 
of each session of the General Assembly, the chairman, except the chairman of the 
Appropriations, Finance, State Government, or Ways and Means Committee, shall 
deliver the minutes to the Legislative Library. The President Pro Tempore of the Sen- 
ate may grant a reasonable extension of time for filing said minutes upon application 
of the committee chairman. 

RULE 37. (Reserved for interim operations rule) . 

VI. Handling Bills 

RULE 38. Application of rules. — With the exception of speaking from the well 
of the Senate, all provisions of these rules applying to bills shall apply also to resolu- 
tions, memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized by the 
Committee on Rules and Operation of the Senate, bills submitted for introduction shall 
be in a computer-typed form prepared by the Legislative Services Office. When a bill 
which is introduced is not in the prescribed form, the Principal Clerk shall cause the 
bill to be retyped in the prescribed form, and the retyped copy shall become the official 
copy of the bill for all purposes. The original bill shall then be returned to the intro- 
ducer of the bill and shall not become a part of the records or documents of the Sen- 
ate. 

(b) Whenever a bill is introduced, 20 copies shall be submitted to the Principal 
Clerk. Any bill submitted without the required number of copies shall be immediately 
returned to the introducer. 

RULE 39.1. Public and local bills; availability of copies of bills. --A pub- 
lic bill is a bill affecting 15 or more counties. A local bill is one affecting fewer than 
15 counties. No public bill and, upon objection by a member, no local bill may be 
considered unless copies of the bill have been made available to the entire membership 
of the Senate. 

RULE 40. Introduction of bills. ~(a) Every bill filed for introduction shall 
contain on the outside cover the title of the document and the name of the Senator or 
Senators presenting it. Bills shall be delivered by the primary sponsor of the document 
or with the prescribed authorization form signed by the primary sponsor to the office of 
the Senate Principal Clerk who shall receive them during regular session according to 
the following schedule: 

Monday until 8:30 o'clock P.M.; 

Tuesday, Wednesday, and Thursday until 4:00 o'clock P.M.; 

Friday until 3:00 o'clock P.M. 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall 
be considered introduced when presented to the Senate on the next following legislative 
day for the first reading and reference to committee. 

(b) Filing of bills during the interim shall be under the direction of the Rules and 
Operation of the Senate Committee as approved by the Senate. 

(c) All memorializing, celebration, commendation, and commemoration resolu- 
tions, except those honoring the memory of deceased persons, shall be excluded from 
introduction and consideration in the Senate. 

RULE 40. 1. Local Appropriations Bills. — No bill providing for appropriations 
from the State for local projects may be filed for introduction in the Senate if it deals 



March 31, 1987 



160 SENATE JOURNAL [Session 

with more than one subject or object. Each bill appropriating money for local projects 
shall be considered separately on its own merits by the appropriate Appropriations 
Subcommittee and then by the full Appropriations Committee. 

RULE 41. Deadlines on Filing for Introduction of Bills and Resolu- 
tions. — (a) All Senate bills prepared to be introduced by departments, agencies or 
institutions of the State must be filed for introduction in the Senate not later than the 
third Thursday in April (April 16) of the first year of the biennial session. All Senate 
local bills must be filed for introduction in the Senate not later than the third Thursday 
in April (April 16) of the first year of the biennial session; provided that any local 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 
3:00 p.m. by the preceding Wednesday and filed for introduction in the Senate by the 
next Wednesday (April 22) shall be treated as if it had been filed for introduction 
pursuant to this subsection. All resolutions, except those honoring the memory of 
deceased persons, must be filed for introduction in the Senate not later than April 16 
of the first year of the biennial session. All public bills except appropriations bills or 
adjournment resolutions must be filed for introduction by April 30. All appropriations 
bills must be filed for introduction by May 21. A two-thirds (2/3) vote of the mem- 
bership of the Senate shall be required to file for introduction any bill or resolution 
after May 21 of the first year of the biennial session. This rule shall not apply to a 
bill or resolution proposing adjournment or a budget, proposing or ratifying a constitu- 
tional amendment, calling for a constitutional convention, or to any reconvened ses- 
sion following the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular 
session, all House Bills other than finance bills or appropriations bills or adjournment 
resolutions, must be received and read on the floor of the Senate as a message from 
the House no later than May 28 of the first regular session; provided that a message 
from the House received by the next legislative day stating that a bill has passed its 
third reading and is being engrossed shall comply with the requirements of this subsec- 
tion and provided that the House has a similar rule. 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or 
before June 16 of the second year of the biennial session. 

RULE 41.1. Relationship between Ways and Means Committee and 
other committees dealing with money matters; relationship between 
these other committees dealing with money matters. — In those instances 
specified herein, the Committee on Ways and Means shall have responsibility for final 
consideration of bills dealing with money matters before the bills are considered on the 
floor of the Senate. Upon the agreement of the chairmen or cochairmen of any two of 
the following committees: Appropriations, Finance, and Ways and Means, any bill 
reported favorably from the Committee on Appropriations or the Committee on Fi- 
nance shall be re-referred by the President to the Committee on Ways and Means for 
consideration. Bills referred to the Committee on Appropriations by the President may 
be referred by the Chairman of the Committee on Appropriations to the Appropria- 
tions Committee on Human Resources, Appropriations Committee on Education, Ap- 
propriations Committee on General Government, Appropriations Committee on Justice 
and Public Safety, or Appropriations Committee on Natural and Economic Resources 
for a report back to the Committee on Appropriations. 

RULE 42. References of appropriations and finance bills. — All bills intro- 
duced in the Senate providing for appropriations from the State, or any subdivision 
thereof, shall, before being considered by the Senate, be referred to the Committee on 
Appropriations, and bills referred to other committees carrying any such provisions 
shall be reported to the Senate as being bills to be referred to the Appropriations Com- 
mittee before proper action may be taken by the Senate. All bills introduced in the 
Senate providing for bond issues, levying taxes, or in any manner affecting the taxing 



March 31. 1987 



1987] SENATE JOURNAL 161 

power of the State or any subdivision thereof, shall, before being considered by the 
Senate, be referred to the Committee on Finance, and bills referred to other commit- 
tees carrying any such provisions shall be reported to the Senate as being bills to be 
referred to the Finance Committee before proper action may be taken by the Senate. 

RULE 42.1. Fiscal notes. — (a) The chairman or cochairmen or vice-chairman 
of the Appropriations Committee, of the Finance Committee or of the Rules Commit- 
tee, or of the Ways and Means Committee, upon the floor of the Senate, may request 
that a fiscal analysis be made of a bill, resolution or an amendment to a bill or resolu- 
tion which is in the possession of the Senate and that a fiscal note be attached to the 
measure, when in the opinion of that chairman or vice-chairman the fiscal effects of 
that measure are not apparent from the language of the measure. 

(b) The fiscal note shall be filed and attached to the bill or amendment within two 
legislative days of the request. If it is impossible to prepare a fiscal note within two 
legislative days, the Director of Fiscal Research shall, in writing, so advise the Presid- 
ing Officer, the Principal Clerk, and the member introducing or proposing the measure 
and shall indicate the time when the fiscal note will be ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form 
approved by the Rules Committee as to content and form and signed by the staff mem- 
ber or members preparing it. If no estimate in dollars is possible, the fiscal note shall 
indicate the reasons that no estimate is provided. The fiscal note shall not comment 
on the merit but may identify technical problems. The Fiscal Research Division shall 
make the fiscal note available to the membership of the Senate. 

(d) A sponsor of a bill or amendment may deliver a copy of his bill or amendment 
to the Fiscal Research Division for the preparation of a fiscal note. The sponsor shall 
attach the fiscal note to the bill when he files the bill or to the amendment when he 
moves its adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who 
objects to the estimates and information provided may reduce to writing his objections. 
These objections shall be appended to the fiscal note attached to the bill or amend- 
ment and to the copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the current operations appropria- 
tions bill or the capital improvements appropriations bill. This rule shall not apply to 
a bill or amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any 
change in the law relative to any State- administered retirement or pension system 
shall have attached to it at the time of its consideration by any committee a brief 
explanatory statement or note which shall include a reliable estimate of the financial 
and actuarial effect of the proposed change to that retirement or pension system. The 
actuarial note shall be attached to the jacket of each proposed bill or resolution which 
is reported favorably by any committee, shall be separate therefrom, and shall be 
clearly designated as an actuarial note. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, with 
his request for an actuarial note, to the Fiscal Research Division which shall prepare 
the actuarial note as promptly as possible but not later than two weeks after the request 
is made. Actuarial notes shall be prepared in the order of receipt of request and shall 
be transmitted to the sponsor of the measure. The actuarial note of the Fiscal Re- 
search Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the measure to 
the chief administrative officer of the retirement or pension system affected by the 
measure. The chief administrative officer shall have an actuarial note prepared by the 
system's actuary on the measure and shall transmit the note to the sponsor of the 
measure not later than two weeks after the request is received. The actuarial note 
shall be attached to the jacket of the measure. 



March 31, 1987 



162 SENATE JOURNAL [Session 

(d) The note shall be factual and shall, if possible, provide a reliable estimate of 
both the immediate effect and, if determinable, the long range fiscal and actuarial 
effect of the measure. If, after careful investigation, it is determined that no dollar 
estimate is possible, the note shall contain a statement to that effect, setting forth the 
reasons why no dollar estimate can be given. No comment or opinion shall be in- 
cluded in the actuarial note with regard to the merits of the measure for which the note 
is prepared. Technical and mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is attached 
at the time of committee consideration, with any amendment of such nature as would 
substantially affect the cost to or the revenues of any retirement or pension system, 
the chairman of the committee reporting the measure shall obtain from the Fiscal Re- 
search Division an actuarial note of the fiscal and actuarial effect of the proposed 
amendment. The actuarial note shall be attached to the jacket of the measure. An 
amendment to any bill or resolution shall not be in order if the amendment affects the 
costs to or the revenues of a State-administered retirement or pension system, unless 
the amendment is accompanied by an actuarial note, prepared by the Fiscal Research 
Division, as to the actuarial effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes available to 
the membership of the Senate. 

RULE 42.3. Assessment reports. — Every legislative proposal introduced in the 
Senate proposing the establishment of an occupational or professional licensing board 
or a study for the need to establish such a board shall have attached to the jacket of 
the original bill at the time of its consideration on second or third readings by the 
Senate or by any committee of the Senate prior to a favorable report, an assessment 
report froiri the Legislative Committee on New Occupational and Professional Licens- 
ing Boards, pursuant to Article 18 of Chapter 120 of the General Statutes. The as- 
sessment report shall not constitute any part of the expression of legislative intent pro- 
posed by the formation of a licensing board. 

Upon receipt of the request the Legislative Committee on New Occupational and 
Professional Licensing Boards shall prepare and return the assessment report as soon 
as possible but not later than 60 days, reserving the right to extend this time to 90 
days. A supplementary report shall be prepared and submitted to the requesting Sena- 
tor not later than 30 days after the receipt of the request. 

RULE 42.4. Content of Appropriations Bills. — (a) No provision changing 
existing law shall be contained in any of the following bills: 

(1) the Current Operations Appropriations Bill; 

(2) the Capital Improvement Appropriations Bill; 

(3) any bill generally revising appropriations for the second fiscal year of a 
biennium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in order if 
the language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed in 
subsection (a) of this section or an amendment to such bill may change existing law if 
the change: 

(1) alters expenditures or salaries; 

(2) changes the scope or character of a program which must be reduced, 
increased, or changed because of an increase or decrease of funds ap- 
propriated for the program or because of changes in federal law or 
regulation; or 

(3) modifies any function of State government which necessitates a transfer 
of funds from one department to another; provided, that for a provi- 
sion to be in order under this subsection, it must be recommended to the 
General Assembly in a written report adopted by the Appropriations 
Committee before or at the same time the bill is reported, or if such 
provision is contained in a floor amendment, the sponsor of the 



March 31, 1987 



1987] SENATE JOURNAL 163 

amendment must present to the Principal Clerk at or before the time 
the amendment is offered an explanation of the amendment for distribu- 
tion to each member of the Senate. 

RULE 43. First reading; reference to committee. — All bills filed, upon 
presentation to the Senate, shall be read in regular order of business by their number 
and title which shall constitute the first reading of the bill and unless otherwise dis- 
posed of, the President or Presiding Officer shall announce the referral of the docu- 
ment. The title and referral shall be entered on the Journal. 

RULE 44. Bills to receive three readings. — Every bill shall receive three read- 
ings previous to being passed, and the President shall give notice at each whether it be 
the first, second, or third. After the first reading, unless a motion is made by some 
Senator, the President shall refer the bill to an appropriate committee. No bill shall be 
amended upon the floor of the Senate until it has been twice read. Senate simple 
resolutions shall not require three readings. 

RULE 44.1. Vote required on public bills or resolutions filed after May 

21. — No public bill or resolution filed in either house, during the first year of the regu- 
lar session after May 21, shall pass either its second or third readings unless voted on 
affirmatively by two-thirds (2/3) of the membership of the Senate. This subsection 
shall not apply to a bill or resolution proposing adjournment, an emergency appropria- 
tion, continuance and/or expansion of the State budget, or changes in State revenues; 
proposing or ratifying a constitutional amendment; or calling for a constitutional con- 
vention; or to bills authorized for introduction during the reconvened session under the 
resolution adjourning the session held during the first year of the biennium. 

RULE 45. Reports of committees. — Every Senator presenting a report of a 
committee shall endorse the report with the name of the committee and, in case of a 
minority report, with the names of the members making the report. The report of the 
committee shall show that a majority of the committee was present and voted. Every 
report of the committee upon a bill or resolution shall stand upon the general orders 
with the bill or resolution. No committee shall report a bill or resolution without preju- 
dice. 

RULE 45.1. Action on amendment before re-referral. — If any committee 
recommends adoption of an amendment or committee substitute of a bill which, under 
the rules of the Senate must be referred to the Committee on Appropriations or Com- 
mittee on Finance, the amendment or committee substitute shall be considered and, if 
adopted, the amendment or substitute engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee. — (a) All bills reported unfa- 
vorably by the committee to which they were referred, and having no minority report, 
shall lie upon the table, but may be taken from the table, and placed upon the calen- 
dar by a two-thirds vote of the membership of the Senate. 

(b) When a bill is reported by a committee with an unfavorable report, but accom- 
panied by a minority report, signed by at least three members of the committee who 
were present and who voted on the bill when the bill was considered in committee, 
then the minority report shall be placed on the calendar and considered the following 
day, and the question before the Senate shall be "The adoption of the Minority Re- 
port." If the minority report is adopted by a majority vote, the bill shall be placed 
upon the calendar; if the minority report is not adopted, the bill shall lie upon the 
table. 

RULE 47. Recall of bill from committee. — When a bill has been introduced 
and referred to a committee, if after 10 days the committee has failed to report 
thereon, then the author of the bill may, after three days' public notice given in the 
Senate and delivered in writing to the chairman of the committee, on motion supported 



March 31. 1987 



164 SENATE JOURNAL [Session 

by a vote of two-thirds of the membership of the Senate, recall the bill from the com- 
mittee to the floor of the Senate for consideration and such action thereon as a major- 
ity of the Senators present may direct. This rule shall not be temporarily suspended 
without one day's notice on the motion given in the Senate and delivered in writing to 
the chairman of the committee and to sustain that motion two-thirds of the member- 
ship of the Senate shall be required. 

RULE 48. Calendar; order to be followed. — The President and the Principal 
Clerk of the Senate shall see that all bills are acted upon by the Senate in the order in 
which they stand upon the calendar, unless otherwise ordered as hereinafter provided. 
The published calendar shall include all bills reported favorably from committees, or 
reported with a minority report attached, or placed on the calendar on motion: Pro- 
vided, that the published local calendar may carry the number of each bill, the county 
or counties referred to, and an abbreviated statement of the title of the bill. 

RULE 49. Considering bills out of regular order. — Except as provided in 
Rule 50, any bill or other matter may be taken up out of order upon order of the 
President or upon motion sustained by a majority of the membership of the Senate. 

RULE 50. Third reading requirements. — No bill on its third reading shall be 
acted upon out of the regular order in which it stands on the calendar, and no bill shall 
be acted upon on its third reading the same day on which it passed its second reading, 
unless so ordered by two-thirds of the membership of the Senate. 

RULE 51. Special orders. — Any bill or other matter may be made a special 
order for a particular day or hour by a vote of the majority of the Senators voting, and 
if action on the bill is not completed on that day, it shall be returned to its place on the 
calendar, unless it is made a special order for another day; and when a special order is 
under consideration it shall take precedence over any special order or subsequent order 
for the day, but such subsequent order may be taken up immediately after the previous 
special order has been disposed of. 

RULE 52. Procedure when necessary number of Senators not pre- 
sent. — If, on taking the question on a bill, it appears that a constitutional quorum is 
not present, or if the bill requires a vote of a certain proportion of all the Senators to 
pass it, and it appears that such number is not present, the bill shall be again read and 
the question taken thereon; if the bill fails a second time for the want of the necessary 
number being present and voting, the bill shall not be finally lost, but shall be returned 
to the calendar in its proper order. 

RULE 53. Effect of defeated bin.~(a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal provi- 
sions of its subject matter shall not be embodied in any other measure. Upon the point 
of order being raised and sustained by the Chair, such measure shall be laid upon the 
table, and shall not be taken therefrom, except by a vote of two-thirds of the qualified 
membership of the Senate: Provided, no local bill shall be held by the Chair as em- 
bodying the provisions, or being identical with any statewide measure which has been 
laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie 
upon the table, and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate. 

RULE 54. Taking bill from table. — No bill which has been laid upon the table 
shall be taken therefrom except by a vote of two-thirds of the membership of the Sen- 
ate. 

RULE 54. 1. Bill title. —The title of each bill shall adequately and fairly reflect its 
subject matter. 



March 31, 1987 



1987] SENATE JOURNAL 165 

RULE 55. Amending titles of bills. — When a bill is materially modified or the 
scope of its application extended or decreased, or if the county, or counties, to which 
it applies is changed, the title of the bill shall be changed by the Senator introducing 
the bill or by the committee having it in charge, or by the Principal Clerk, so as to 
indicate the full purport of the bill as amended and the county or counties to which it 
applies. 

RULE 56. Corrections of typographical errors in bills. The Enrolling 

Clerk is authorized to make corrections of typographical errors in the text of bills at 
any time prior to ratification. Before the correction is made, the Enrolling Clerk shall 
have the approval of the Chairman of the Committee on Rules and Operation of 
the Senate. 

RULE 57. Conference committees. — Whenever the Senate declines or refuses 
to concur in amendments put by the House to a bill originating in the Senate, or re- 
fuses to adopt a substitute adopted by the House for a bill originating in the Senate, a 
conference committee shall be appointed upon motion and the bill under consideration 
shall thereupon go to and be considered by the joint conferees on the part of the Senate 
and House. In considering matters in difference between the Senate and House com- 
mitted to the conferees, only such matters as are in difference between the two houses 
shall be considered by the conferees, and the conference report shall deal only with 
such matters. The conference report shall not be amended. Except as herein set out, 
the rules of the United States House of Representatives shall govern the appointment, 
conduct, and reports of the conferees. 

RULE 57.1 Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has 
adopted an amendment or a committee substitute for a bill originating in the Senate, 
and has returned the bill to the Senate for concurrence in that amendment or commit- 
tee substitute, the Senate may not concur in that amendment or committee substitute 
until the next legislative day following the day on which the Senate receives that meas- 
ure. 

(b) The Presiding Officer may, and upon motion supported by a majority of the 
Senate present and voting, shall refer the bill to an appropriate committee for consid- 
eration of the amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether the 
amendment or committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. If the measure is referred to committee, the commit- 
tee shall: 

i. report the bill with the recommendation either that the Senate concur or 

that the Senate do not concur; and 
ii. advise the Presiding Officer as to whether or not the amendment or 

committee substitute is a material amendment under Article II, Section 

23, of the State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material amend- 
ment, the question before the Senate shall be concurrence. 

(e) If the amendment or committee substitute for a bill is a material amendment, 
the receiving of that bill on messages shall constitute first reading and the question 
before the Senate shall be concurrence on second reading. If the motion is passed, the 
question then shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the Senate 
may be amended by the Senate. 

RULE 58. Certification of passage of bills.— The Principal Clerk shall certify 
the passage of bills by the Senate, with the date thereof, together with the fact whether 
passed by vote of three-fifths or two-thirds of the Senate, whenever such vote may be 
required by the Constitution or laws of the State. 



March 31, 1987 



166 SENATE JOURNAL [Session 

RULE 59. Transmittal of bills to House. — No bill shall be sent from the Sen- 
ate on the day of its passage except on the last day of the session, unless otherwise 
ordered by a vote of two-thirds of the membership of the Senate. 

RULE 59.1 Engrossment. — Bills and resolutions, except those making appro- 
priations, which originate in the Senate and which are amended shall be engrossed 
before being sent to the House. 

VII. Legislative Officers and Employees 

RULE 60. Pages. — The President of the Senate shall appoint pages. The Presi- 
dent, or such person as he may designate, shall supervise the pages and assign to them 
their duties. Each page shall be at least 14 years of age. 

RULE 61. Sergeants-at-Arms. — (a) There shall be 14 positions of Assistant 
Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who are to work under 
his or her supervision and to be assigned such duties and powers as he or she shall 
direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members and 
employees of the Senate while in the Senate Chamber, or any place in which the Sen- 
ate or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders 
of the Senate and signed by the President of the Senate, and said warrants and sub- 
poenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff. — The Principal Clerk of the Senate shall 
employ all necessary employees and clerks required to carry out the duties of his or her 
office. The Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall 
have a clerk. The clerk to a committee shall serve as secretary to the chairman of that 
committee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee 
clerk to serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the indi- 
vidual member. Such clerks and secretaries shall file initial applications for employ- 
ment with the Supervisor of Clerks and shall receive compensation as prescribed by the 
Legislative Services Commission. The employment period of clerks and secretaries 
shall comply with the period as established by the Legislative Services Commission 
unless employment for an extended period is approved by the President Pro Tempore. 
The clerks and secretaries shall adhere to such uniform regulations and other condi- 
tions of employment (including retention) under the direction of the Supervisor of 
Clerks as the Committee on Rules and Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President 
of the Senate. 

RULE 64. Senate Journal. — The Principal Clerk shall prepare and be responsi- 
ble for the Journal. The Committee on Rules and Operation of the Senate shall exam- 
ine the Journal to determine if the proceedings of the previous day have been correctly 
recorded. 

RULE 65. Deputy President Pro Tempore,— Th^ Senate shall elect a Deputy 
President Pro Tempore. 

VIII. General Rules 

RULE 66. President to sign papers. — All acts, addresses and resolutions, and 
all warrants and subpoenas issued by order of the Senate shall be signed by the Presi- 
dent or by the President Pro Tempore presiding in his absence. 



March 31, 1987 



1987] SENATE JOURNAL 167 

RULE 67. Admission to tlie floor of the Senate. —No person except mem- 
bers of the Senate, members of the House of Representatives, staff of the General 
Assembly; staff of the Lieutenant Governor; Judges of the Supreme Court, Court of 
Appeals, and Superior Courts; the Governor and members of the Council of State; 
former members of the General Assembly; and persons particularly invited and ex- 
tended the privileges of the floor by the President shall be admitted to the floor of the 
Senate during its session. Notwithstanding any other provision of these rules, no reg- 
istered lobbyist shall be admitted to the floor of the Senate or Senate Chamber while 
the Senate is in session. 

RULE 68. Privileges of the floor. — Any group or individual other than mem- 
bers of the Senate who desires to make remarks upon the floor of the Senate will first 
obtain approval of the Committee on Rules and Operation of the Senate. 

RULE 69. News media. — The President is authorized to assign area and equip- 
ment on the floor of the Senate for the use of the representatives of news media; and 
the President shall provide regulations for the operation of the representatives of the 
news media on the floor of the Senate. 

RULE 70. Absence without leave. — No Senator or officer of the Senate shall 
depart the service of the Senate without leave, or receive pay as a Senator or officer for 
the time he is absent without leave. 

RULE 71. Placing material on Senators' desks. — Any person other than a 
member of the Senate desiring to place articles of any kind on or about desks in the 
Senate Chamber or in the offices of the members of the Senate shall make written 
application to, and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore of 
the Senate shall assign seats in the Senate Chamber to the members elected. In mak- 
ing such assignments, each member elected to the immediate preceding session of the 
Senate shall be entitled to the seat occupied by him or to his selection of any other seat 
vacated. The President Pro Tempore, when assigning seats, shall give preferential 
consideration to the respective members according to the length of service which each 
member has rendered in the Senate. No incumbent appointed to fill an unexpired 
term in the immediate preceding session shall retain the seat if requested by a Senator 
elected to said session. 

(b) Not later than two days after the initial committee assignments become final, 
the President Pro Tempore of the Senate is authorized to make assignments of commit- 
tee rooms and offices to designated committees, chairmen, and members of the Sen- 
ate. The office adjacent to any committee room assigned to a principal committee by 
the President Pro Tempore shall be automatically assigned to the chairman of the prin- 
cipal committee. In making such assignments of individual offices, the President Pro 
Tempore shall give preferential consideration to the respective members according to 
the length of service which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate em- 
ployees. — All administrative rules, regulations and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the Principal 
Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules 
and Operation of the Senate. 

RULE 74. Notice of public hearings. — Notice shall be given not less than five 
calendar days prior to public hearings. Such notices shall be issued as information for 
the press and the information shall be posted in the places designated by the Principal 
Clerk. 

RULE 75. Public hearings, filing of written statements. — Persons desiring 
to appear and be heard at a public hearing are encouraged to file with the chairman of 



March 31, 1987 



168 SENATE JOURNAL [Session 

the committee a brief or a written statement of the remarks to be made at least 24 
hours before the time of the hearing. 

RULE 76. Voting in joint sessions. — When any Senate Committee sits jointly 
with the House Committee, the Senate Committee reserves the right to vote separately 
from the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These rules 
may not be permanently rescinded or altered except by Senate simple resolution passed 
by a two-thirds vote of the membership of the Senate. The introducer of the resolution 
must, on the floor of the Senate, give notice of his intent to introduce the resolution on 
the legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two- thirds vote of the 
membership of the Senate, may temporarily suspend any of these rules. 

Sec. 2. This resolution is effective upon its adoption. 

ELECTION OF DEPUTY PRESIDENT PRO TEMPORE 

Pursuant to Rule 65 of the 1987 Rules of the Senate of the General Assembly of the 
State of North Carolina establishing the Office of Deputy President Pro Tempore, 
Senator Harrington places in nomination the name Senator Kenneth Claiborne Royall, 
Jr. for Deputy President Pro Tempore of the Senate. Senator Barnes, Senator Swain, 
and Senator Cobb second the nomination. On motion of Senator Harrington, the 
nominations are closed, and Senator Kenneth Claiborne Royall, Jr. is elected Deputy 
President Pro Tempore by acclamation. 

Being declared duly elected, the President appoints Senator Harrington and Senator 
Swain to escort the Deputy President Pro Tempore to the dais where he receives the 
following oath of office which is administered by the Honorable Robert B. Jordan III, 
President of the Senate: 

"I, Kenneth C. Royall, Jr., solemnly swear that I will support the Constitution and 
laws of the United States, so help me, God. 

"I do solemnly and sincerely swear that I will be faithful and bear true allegiance to 
the State of North Carolina, and to the Constitutional powers and authorities which 
are or may be established for the government thereof; and I will endeavor to support, 
maintain, and defend the Constitution and laws of said State, not inconsistent with the 
Constitution of the United States, to the best of my knowledge and ability. 

"I solemnly and sincerely swear that I will faithfully discharge my duties as Deputy 
President Pro Tempore of the Senate of the 1987 General Assembly of the State of 
North Carolina to the best of my skill and ability; so help me God." 

Senator Royall is recognized and briefly addresses the membership. (See Appendix) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Parnell: 

S.B. 234, a bill to amend the Town of Rennert's Charter to provide for the Mayor 
to have the same right to vote as members of the Board of Commissioners. 
Referred to Local Government and Regional Affairs II Committee. 

By Senator Basnight: 

S.B. 235, a bill to appropriate annually the proceeds from the concessions contract 
at Jockeys Ridge State Park for replenishment of the sand at Jockeys Ridge. 
Referred to Appropriations Committee. 



March 31, 1987 



1987] SENATE JOURNAL 169 

By Senator Roy all: ' 

S.B. 236, a bill to create a North Carolina Local Government Finance Authority, 
to authorize the issuance of not to exceed one billion dollars in general obligation 
bonds to provide funds for school facilities, to authorize the issuance of not to exceed 
one billion dollars in general obligation bonds to provide funds for infrastructure im- 
provements, and to create and appropriate funds for the North Carolina Clean Water 
Loan Subsidy and Grant Program. 

Referred to Economic Growth Committee. 

By Senators Hunt of Moore, Johnson of Cabarrus, Ezzell, and Marvin: 

S.B. 237, a bill to make Statewide an act applicable to 26 counties and the munici- 
palities located within those counties, authorizing counties and cities to regulate aban- 
doned junked vehicles for aesthetic purposes. 

Referred to Judiciary II Committee. 

By Senators Tally and Rand: 

S.B. 238, a bill to appropriate funds for a Temporary Shelter Care Home in Fayet- 
teville. 

Referred to Appropriations Committee. 

By Senators Taft, Conder, Harris, Hunt of Moore, Marvin, Royall, Sherron, and 
Warren: 

S.B. 239, a bill to make certain changes in the North Carolina Childhood Vaccine- 
Related Injury Compensation Program. 
Referred to Judiciary II Committee. 

By Senators Taft, Conder, Harris, Hunt of Moore, Royall, Sherron, and Warren: 

S.B. 240, a bill to require reasonable notice of a medical malpractice claim and to 
provide close court supervision over the disposition of medical malpractice actions. 
Referred to Judiciary II Committee. 

By Senators Taft, Hunt of Moore, and Harris: 

S.B. 241, a bill to alter the statute of limitations for malpractice actions on behalf 
of minors. 

Referred to Judiciary II Committee. 

By Senators Taft, Conder, Harris, Hunt of Moore, Marvin, Royall, and Sherron: 

S.B. 242, a bill to amend the powers and duties of the Board of Medical Examiners 
and other health care provider licensing boards. 
Referred to Judiciary II Committee. 

Senators Taft, Conder, Harris, Hunt of Moore, Marvin, Royall, and Sherron: 

S.B. 243, a bill to create criminal penalties for certain intentional, willful or wan- 
ton actions of health care providers and to limit punitive damages in civil actions. 
Referred to Judiciary II Committee. 

By Senators Taft, Conder, Harris, Hunt of Moore, Royall, and Sherron: 

S.B. 244, a bill to require court approval of post-trial attorney's fees. 
Referred to Judiciary II Committee. 

By Senators Taft, Conder, Harris, Hunt of Moore, Royall, and Sherron: 

S.B. 245, a bill to promote peer review activities of health care providers and to 
require risk management programs and hospital privilege procedures in hospitals. 
Referred to Judiciary II Committee. 



March 31. 1987 



170 SENATE JOURNAL [Session 

By Senators Taft, Conder, Harris, Hunt of Moore, Marvin, Royall, and Sherron: 

S.B. 246, a bill to authorize the Commissioner of Insurance to conduct closed claim 
studies of medical malpractice claims. 
Referred to Judiciary II Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 131 (Committee Substitute), a bill to revise the penalties for littering, upon 
third reading. 

Senator Barnes offers Amendment No. 1 which is adopted (electronically re- 
corded) . 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and sent to the House of Representatives. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Staton for the Economic Growth Committee: 

S.B. 113, a bill to provide a State income tax credit to employers who create jobs in 
severely distressed counties of the State, with a favorable report. 

On motion of Senator Staton, the bill is re-referred to the Finance Committee. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the 1985 Session of the 
General Assembly are referred to committee, as follows: 

Executive Order Number 39, Board of Trustees of the North Carolina Public 
Employee Deferred Compensation Plan. 

Referred to State Personnel Committee. 

Executive Order Number 40, Governor's Commission for the Family. 
Referred to Human Resources Committee. 

On motion of Senator Harrington, seconded by Senator Hunt of Moore, the Senate 
adjourns to meet tomorrow at 1:30 P.M. 



^ THIRTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, April 1, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Eric Carson, Minister of Fairmont United Meth- 
odist Church, Raleigh, as follows: 

"Our Father in heaven, we give Thee thanks for good weather and the lovely prom- 
ises of spring. We thank Thee for good health, good friends, and all the things we so 
often take for granted. 



April 1, 1987 



1987] SENATE JOURNAL 171 

"We thank Thee for the keen challenges of this hour, for work to do that demands 
the best we have and still finds us inadequate. 

"Then may we seek Thy help, knowing that in partnership with Thee, in applying 
Thy will to our problems, there shall be no dull moments and no problems beyond our 
solution. 

"God bless us all and help us to be right and to do right. Hear our prayer for Thy 
mercy sake. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Hunt of Durham who is attending 
a funeral and to Senator Royall who is recruiting industry in New York State, for 
today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee. 

S.B. 161, a bill to authorize the expenditure of public water supply administrative 
penalty funds to improve water supply systems serving foster homes, with a favorable 
report, as amended. 

On motion of Senator Harris, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 

On his further motion, Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

S.B. 231, a bill to require the Secretary of Human Resources to inspect food and 
lodging facilities at least four times a year, with a favorable report, as amended. 

By Senator Barnes for the Judiciary I Committee. 

S.B. 193, a bill to expand the traffic control authority of firemen and rescue squad 
members in emergency situations, with a favorable report, as amended. 

By Senator Rauch for the Finance Committee. 

S.B. 17, a bill to eliminate seasonal privilege licenses, with a favorable report. 

H.B. 33, a bill establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses, with a favorable report. 

H.B. 34, a bill to change the title "tax supervisor" to"assessor," with a favorable 
report. ... 

H.B. 87, a bill to require municipal assessors that appraise property to have the 
same qualifications as county assessors, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



April 1, 1987 



172 SENATE JOURNAL [Session 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 247, a bill to provide operational funds for the Governor's Schools. 
Referred to Appropriations Committee. 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 248, a bill to appropriate funds for the Parent-to Parent Program. 
Referred to Appropriations Committee. 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 249, a bill to amend the special education hearings process. 
Referred to Education Committee. 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 250, a bill to provide braille, large print, and audio cassette textbooks for 
handicapped children. 

Referred to Appropriations Committee. 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 251, a bill to allow local boards of education to purchase buses and minibuses 
for the transportation of children with special needs. 
Referred to Education Committee. 

By Senators Marvin, Conder, Daniel, Hipps, Hunt of Moore, Kaplan, Rand, 
Sands, Seymour, Soles, Staton, Tally, Walker, Ward, and Winner: 

S.B. 252, a bill to provide appropriate textbooks for handicapped children. 
Referred to Appropriations Committee. - ■ ^ a ^v ^^;^ i^ 

By Senator Kincaid: 

S.B. 253, a bill to clarify the definition of "private club" in G.S. 130A-247. 
Referred to Human Resources Committee. 

By Senator Harris: :,■ ., -^.'c'-:*- Cv ■:,..■■,- - :■ ''« :<.?,:'■ .-■: ,''\, 

S.B. 254, a bill to amend the law governing sanitation of institutions and day-care 
facilities. 

Referred to Human Resources Committee. 

By Senators Plyler, Speed, Rand, Conder, and Martin of Pitt: 

S.B. 255, a bill to appropriate funds for improving animal disease diagnostic serv- 
ices. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 256, a bill to extend certain deadlines applicable to the North Carolina Haz- 
ardous Waste Treatment Commission. 
Referred to Environment Committee. 



April 1, 1987 



1987] SENATE JOURNAL 173 

By Senator Plyler: "■ . 

S.B. 257, a bill to modify the procedures for reports by the University of North 
Carolina on vending facility operations, so as to delete a requirement for quarterly 
reports, and limit the applicability to institutional trust funds. 

Referred to Higher Education Committee. 

By Senator Plyler: 

S.B. 258, a bill concerning the allocation of funds for "Access, North Carolina," 
an access guide to travel attractions for disabled persons. 
Referred to Transportation Committee. 

By Senators Simpson and Kincaid: 

S.B. 259, a bill providing for variances from the Basic Education Program in local 
school districts. 

Referred to Education Committee. i 

:-.,v-^. ■'■:■,-.■. i:-:v.-, RE-REFERRAL 

H.B. 71 (Senate Committee Substitute), a bill to establish the Legislative Commit- 
tee on New Licensing Boards and a review process for the creation of occupational and 
professional licensing boards. 

On motion of Senator Guy the Senate Committee Substitute bill is taken from the 
Appropriations Committee and re-referred to the State Government Com- 
mittee. 

^ ^ ■ WITHDRAWAL FROM COMMITTEE 

S.B. 187, a bill to amend the Charter of the City of Lexington to change the elec- 
tion system. 

On motion of Senator Kaplan the rules are suspended and the bill is taken from the 
Election Laws Committee and is placed before the Senate for immediate consid- 
eration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

/; -f-v /:> -^ - '.,-v :-' :- ■ CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 96, a bill to make the evidence of the usage of seat belts inadmissible in crimi- 
nal or civil proceedings. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Seymour, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



- 5 ^ THIRTY-NINTH DAY 

Senate Chamber, 
Thursday, April 2, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



April 2, 1987 



174 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Malcolm D. Kilborn, Minister of Cornith United 
Church of Christ, Hickory, as follows: 

"O God, we pray that Your Spirit may be with all persons who hold public office, 
and especially, with the members and officers of the General Assembly of the State of 
North Carolina. 

"Being a Senator is both an exhilarating and frustrating place to be, O God. Ex- 
hilarating because being a leader is exciting; frustrating because of the energy required 
to work through the maze of committee work. 

"Give each person gathered here today a clearer vision of their role and grant that 
each may feel ever more deeply the importance of their tasks as they transform the 
present into the nobler and purer harmony of the future. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President extends courtesies of the gallery to F. O'Neil Jones, former Senator 
from Anson County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 23, an act to delete references in the property tax statutes to the obsolete 
position of list taker. (Ch. 43) 

S.B. 29 (Committee Substitute), an act to provide that resolutions of consideration 
adopted under the annexation laws do not confer any jurisdiction on a municipality as 
against any other municipality. (Ch. 44) 

REPORTS OF COMMITTEES '^ ' 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S.B. 115, a bill to make English the Official Language of North Carolina, with a 
favorable report, as amended. 

By Senator Martin of Pitt for the Manufacturing and Labor Committee: 

S.B. 173, a bill to establish the salaries of the Industrial Commission members to 
be the same as the salaries of the members of the Utilities Commission, with a favor- 
able report. 

On motion of Senator Martin of Pitt, the bill, is re-referred to the Appropriations 
Committee. 

By Senator Barnes for the Judiciary I Committee: 

H.B. 289, a bill to make a technical correction relating to accident reporting after 
an accident involving a common carrier and another vehicle, with a favorable report. 



April 2, 1987 



1987] SENATE JOURNAL 175 

S.B. 216, a bill to amend and clarify statutes contained in Chapter 90 of the Gen- 
eral Statutes dealing with the definition of and regulation of cocaine, with a favorable 
report, as amended. 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 137, a bill to provide that an auction is not an "off-premises sale", with a 
favorable report. 

S.B. 237, a bill to make Statewide an act applicable to 26 counties and the munici- 
palities located within those counties, authorizing counties and cities to regulate aban- 
doned junked vehicles for aesthetic purposes, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: 

S.B. 260, a bill to require General Assembly review and approval of all changes in 
ceiling changes in the airspace over North Carolina. 
Referred to Judiciary IV Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 261, a bill to authorize Wilson County to levy a room occupancy and tourism 
development tax. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Martin of Pitt, Basnight, Block, Conder, Guy, Harrington, Hunt of 
Durham, Pamell, Rand, Shaw, Smith, Speed, Taft, and Warren: 

S.B. 262, a bill to designate the collard as the official State vegetable. 
Referred to State Government Committee. 

By Senator Smith: 

S.B. 263, a bill to provide authority to establish laboratory certification fees. 
Referred to Environment Committee. 

By Senator Johnson of Cabarrus: 

S.B. 264, a bill to allow extension of probation without the consent of the defen- 
dant. 

Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 265, a bill to make G.S. 130A-24(a) consistent with G.S. Chapter 150B, the 
Administrative Procedure Act. 

Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: ^ " , v 

S.B. 266, a bill to require a defendant to notify the State of his intention to offer an 
alibi defense. 

Referred to Judiciary I Committee. 

By Senators Winner and Swain: 

S.B. 267, a bill to require the Department of Transportation to set sixty-five miles 
per hour on certain interstate highways. 

Referred to Transportation Committee. 



April 2, 1987 



176 SENATE JOURNAL [Session 

By Senators Winner and Swain: 

S.B. 268, a bill to appropriate funds to construct a Thomas Wolfe museum and 
visitor center on State-owned land adjacent to the Thomas Wolfe Memorial. 
Referred to Appropriations Committee. 

By Senator Somers: 

S.B. 269, a bill to clarify a secured party's right to take possession of collateral 
after default. 

Referred to Judiciary III Committee. 

By Senators Marvin, Harris, and Rauch: 

S.B. 270, a bill to appropriate funds for Gaston College equipment for the Lincoln 
School of Technology. 

Referred to Appropriations Committee. 

By Senators Marvin, Daniel, Hardison, Tally, Walker, and Ward: 

S.B. 271, a bill to appropriate funds for mental health and mental retardation serv- 
ices. 

Referred to Appropriations Committee. 

By Senators Marvin, Daniel, Harris, Tally, Walker, and Ward: 

S.B. 272, a bill to appropriate funds for local schools' Willie M. programs. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 229, a bill to provide for an increased State minimum wage if the federal 
minimum wage increases before June 1, 1989. 

Referred to Manufacturing and Labor Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 33, a bill establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 17, a bill to eliminate seasonal privilege licenses, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 



April 2, 1987 



1987] SENATE JOURNAL 177 

Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 193, a bill to expand the traffic control authority of firemen and rescue squad 
members in emergency situations. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Swain to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.B. 231, a bill to require the Secretary of Human Resources to inspect food and 
lodging facilities at least four times a year. 

On motion of Senator Harris, Committee Amendment No, 1 changing the title to 
read S.B. 231, a bill to require the Secretary of Human Resources to inspect restau- 
rants at least four times a year. 

The bill, as amended, passes its second reading (electronically recorded). 

On motion of Senator Plyler to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.B. 210 (Committee Substitute), a bill to clarify the selection of the Administra- 
tor. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

H.B. 34, a bill to change the title "tax supervisor" to "assessor". 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 87, a bill to require municipal assessors that appraise property to have the 
same qualifications as county assessors. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Sands, the Senate adjourns 
to meet tomorrow at 10:00 A.M. 



FORTIETH DAY 



Senate Chamber, 
Friday, April 3, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Gray Southern, Minister of Oriental United Meth- 
odist Church, Oriental, as follows: 

"Almighty God, our Lord, we thank You for the gifts and strength You have given 
us. We praise You especially this day for the power You have given us to govern Your 
creation and ourselves. So guide and uphold us, and these Your servants who govern 
Your children, that all You have given us, in things material and of the heart, might 



April 3, 1987 



178 SENATE JOURNAL [Session 

be wisely used for Your glory and for the sake of all Your people. This we ask in Your 
Name, Loving God, that we might have a heart of wisdom and know You as Lord of 
Lords, Ruler of All. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Kaplan, McDuffie, and Soles for 
today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Durham for the Pensions and Retirement Committee. 

S.B. 175, a bill to amend the Fayetteville City Charter regarding the benefits a 
retired city fireman is entitled to, with a favorable report. 

REPORT OF SENATE PENSIONS AND RETIREMENT COMMITTEE 

ON 
APPOINTMENT OF MEMBERS TO THE BOARD OF TRUSTEES 

OF THE 
TEACHERS* AND STATE EMPLOYEES' RETIREMENT SYSTEM 

The Senate Committee on Pensions and Retirement, which has been charged by the 
Lieutenant Governor with the duty of inquiring into the qualifications and fitness of 
persons appointed by the Governor in cases where appointments are subject to confir- 
mation by the Senate of the General Assembly, reports as follows: 

The Senate Committee on Pensions and Retirement recommends that in compliance 
with G.S. 135-6 the members of the Senate vote to confirm the appointments by the 
Governor of Ms. Shirley Ann Hise, Mr. Leo F. Walsh, Jr. and Ms. Donna A. Creech 
to four-year terms to the Board of Trustees of the Teachers' and State Employees' 
Retirement System, expiring June 30, 1991. 

On motion of Senator Hunt of Durham, the report is placed on the Calendar for 
Monday, April 6, for confirmation. 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee. 

S.B. 30, a bill to allow the Legislative Ethics Committee to choose more than one 
method of disposing of a matter after its inquiry into alleged violations, with a favor- 
able report. 

S.B. 157, a bill to establish a commission to study the relationship of the State of 
North Carolina to the motion picture industry, and to make recommendations to foster 
an ongoing positive relationship, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations 
Committee. 

S.J.R. 178, a joint resolution to continue the work of the Legislative Research 
Commission's Committee on State Personnel, with a favorable report. 

On motion of Senator Harrington, the joint resolution is re-referred to the Appro- 
priations Committee. 



April 3, 1987 



1987] SENATE JOURNAL 179 

S.B. 190, a bill further continuing the Mental Health Study Commission, with a 
favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations 
Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 34, an act to change the title "tax supervisor" to"assessor". (Ch. 45) 

H.B. 87, an act to require municipal assessors that appraise property to have the 
same qualifications as county assessors. (Ch. 46) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Simpson and Kincaid: 

S.B. 273, a bill to change the hours that water skiing and similar activities are 
prohibited. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Basnight and Speed: 

S.B. 274, a bill to appropriate funds for expansion of swine research at the Tidewa- 
ter Research Station. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 275, a bill to appropriate funds to the Southeastern Family Violence Center 
for renovations to a permanent facility. 

Referred to Appropriations Committee. 

By Senator Seymour: 

S.B. 276, a bill to provide that the University of North Carolina Center for Public 
Television is an eligible recipient under the art in State buildings program. 
Referred to State Government Committee. 

By Senators Winner and Martin of Guilford: 

S.B. 277, a bill to create a general offense of theft that replaces the current offenses 
of larceny, embezzlement, conversion, false pretenses, receipt and possession of sto- 
len goods. 

Referred to Judiciary IV Committee. 

' By Senator Kincaid: 

S.B. 278, a bill to eliminate the requirement that the Town of Granite Falls mail 
zoning notices. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Hunt of Moore: 

S.B. 279, a bill to appropriate funds to the Department of Human Resources for the 
purpose of reimbursing hospitals and other health care providers for essential inpatient 



April 3, 1987 



180 SENATE JOURNAL [Session 

and outpatient health and medical services provided to migrant farmworkers and their 
dependents while in North Carolina. 

Referred to Appropriations Committee. 

By Senators Rauch, Harrington, and Basnight: 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Rauch, Harris, and Marvin: 

S.B. 281, a bill to appropriate funds to employ chaplains and chaplain interns in 
the Division of Prisons, Department of Correction. 
Referred to Appropriations Committee. 

By Senators Rauch, Harris, and Marvin: 

S.B. 282, a bill to appropriate funds for the construction of facilities for the Cleve- 
land County mental health, mental retardation, substance abuse services center. 
Referred to Appropriations Committee. 

By Senators Sherron, Barker, Basnight, Daniel, Ezzell, Goldston, Guy, Hardison, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Plyler, 
Royall, Smith, Speed, Staton, Taft, Tally, Walker, Ward, Warren, and Winner: 

S.B. 283, a bill to appropriate funds for completion of the Raleigh Farmers Market. 
Referred to Agriculture Committee. 

By Senator Barker: 

S.B. 284, a bill to clarify the permitting requirements for certain sanitary sewage 
systems. .,, , 

Referred to Human Resources Committee. 

By Senators Hardison and Smith: 

S.B. 285, a bill to clarify the North Carolina Regional Reciprocal Banking Act. 
Referred to Commerce Committee. 

By Senators Taft, Ezzell, Hunt of Moore, Kaplan, Rand, Tally, Walker, and Win- 
ner: 

S.B. 286, a bill providing for the protection of the public from inactive hazardous 
substance or waste disposal sites and the establishment of the Carolina Clean Drinking 
Water Fund. 

Referred to Environment Committee. 

By Senators Soles, Swain, Johnson of Wake, Barnes, Hipps, Winner, and Rand: 

S.B. 287, a bill to provide for continued compliance with the Voting Rights Act and 
to improve the administration of justice by providing for the elimination of staggered 
terms for superior court judicial districts, eliminating the office of special superior 
court judge, and making conforming changes. 

Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



April 3. 1987 



1987] B; senate journal 181 

H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately. 

Referred to Election Laws Committee. 

H.B. 236 (Committee Substitute), a bill to provide that electric and telephone 
membership corporations may indemnify directors, officers, employees, or agents to 
the same extent as nonprofit corporations. 

Referred to Judiciary I Committee. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General 
Statutes by correction of the description of the official survey base for the State of 
North Carolina. 

Referred to Judiciary III Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

S.B. 120, a bill to revise the eligibility requirements for community service parole, 
for concurrence in House Amendment No. 1. 

On motion of Senator Swain, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration. 

On motion of Senator Swain, the Senate concurs in House Amendment No. 1 (elec- 
tronically recorded) and the bill is ordered enrolled. 

WITHDRAWAL FROM CALENDAR 

S.B. 174, a bill to require that one of the three members appointed by the Governor 
to the North Carolina Industrial Commission represent the employees and one member 
represent the employers. 

Without objection, on motion of Senator Taft, the bill is taken from the Calendar 
for Monday, April 6, and recommitted to the Manufacturing and Labor Com- 
mittee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 33, a bill establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Smith, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Warren —37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 17, a bill to eliminate seasonal privilege licenses, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Pitt, Marvin, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, 
Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, and Winner~40. 

Voting in the negative: None. 



April 3, 1987 



182 SENATE JOURNAL [Session 

The bill is ordered sent to the House of Representatives. 

S.B. 115, a bill to make English the Official Language of North Carolina. 
On motion of Senator Block, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second reading (electronically recorded). 
On objection of Senator Martin of Guilford to its third reading, the bill, as 
amended, remains on the Calendar for Tuesday, April 7, for further consideration. 

S.B. 137, a bill to provide that an auction is not an "off-premises sale". 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 216, a bill to amend and clarify statutes contained in Chapter 90 of the Gen- 
eral Statutes dealing with the definition of and regulation of cocaine. 

On motion of Senator Barnes, Committee Amendment No, 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

Senator Hipps requests to be recorded voting "aye." 

S.B. 237, a bill to make Statewide an act applicable to 26 counties and the munici- 
palities located within those counties, authorizing counties and cities to regulate aban- 
doned junked vehicles for aesthetic purposes. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted 
which changes the title to read, S.B. 237, a bill to make Statewide an act applicable 
to 32 counties and the municipalities located within those counties, authorizing coun- 
ties and cities to regulate abandoned junked vehicles for aesthetic purposes. 

Senator Sands offers Amendment No. 2 which he subsequently withdraws. The 
bill, as amended, passes its second reading (electronically recorded). 

Senator Parnell objects to the third reading of the bill, as amended. 

On motion of Senator Royall, the bill, as amended, remains on the Calendar for 
Tuesday, April 7, for further consideration. 

H.B. 289, a bill to make a technical correction relating to accident reporting after 
an accident involving a common carrier and another vehicle. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 193, a bill to expand the traffic control authority of firemen and rescue squad 
members in emergency situations, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

S.B. 231, a bill to require the Secretary of Human Resources to inspect restaurants 
at least four times a year, as amended, upon third reading. 

Senator Plyler offers Amendment No. 2 which is adopted (electronically recorded) 
further changing the title to read, S.B. 231, a bill to require the Secretary of Human 
Resources to inspect restaurants at least quarterly. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing the following bills previ- 
ously introduced: 

By Senator Smith: 

S.B. 198, a bill to appropriate funds for the construction of public libraries and to 
appropriate additional funds to the Aid to Public Libraries Fund. 



April 3, 1987 



1987]'' SENATE JOURNAL 183 

On motion of Senator Harrington, seconded by Senator Staton, the Senate adjourns 
to meet Monday at 7:00 P.M. 



FORTY-FIRST DAY 

Senate Chamber, 
Monday, April 6, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Samuel D. McMillan III, Associate Minister of 
First United Methodist Church, Roanoke Rapids, as follows: 

"O God of Life, we give praise to Thee who offers life to all things, and we rejoice 
in being part of Thy creation. 

"Omnipotent God, grant that these Senators may sense anew Thy majesty and 
power. May they discover their limits. Everlasting God, even as they become humbled 
in recognizing the frailties that surround the human condition. O God of Compassion, 
give to these Senators a keen ear, so that they might be better equipped to hear the cry 
of Thy people in North Carolina above the roar of special interest concerns. 

"Grant to these State leaders, O God of Love, an eagerness to address the needs of 
the children, youth and adults of North Carolina. O God of Hope, give these Senators 
a vision of the future that includes ministering to the needs of the people of the State. 

"O God of Opportunity, we offer Thee thanks for the responsibilities that are ours. 
We seek Thy divine guidance in all things and ask a special prayer of blessing for these 
Senators. Omniscient God, direct these Thy servants, so that their deliberations and 
decisions might be in the best interest of the people of the State of North Carolina and 
in accordance with Thy will. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Soles for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 120, an act to revise the eligibility requirements for community service parole. 
(Ch. 47) 

H.B. 33, an act establishing the amount of occupancy tax revenue in Haywood 
County that may be used for administrative expenses. (Ch. 48) 

H.B. 289, an act to make a technical correction relating to accident reporting after 
an accident involving a common carrier and another vehicle. (Ch. 49) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: "'^ 

By Senator Harris: 

S.B. 288, a bill to allow the Secretary of the Department of Human Resources to 
provide assistance to private nonprofit foundations. 
Referred to Human Resources Committee. 



April 6, 1987 



184 SENATE JOURNAL [Session 

By Senators Richardson and McDuffie: 

S.B. 289, a bill to appropriate funds for the acquisition and restoration of Historic 
Rosedale in Charlotte. 

Referred to Appropriations Committee. 

By Senator Richardson: 

S.B. 290, a bill to amend the Charter of the City of Charlotte relating to the estab- 
lishment of contract specification requirements. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Hipps and Thomas: 

S.B. 291, a bill to appropriate funds for land purchases at the Mountain and Pea- 
nut Belt Research Stations. 

Referred to Appropriations Committee. 

By Senators Goldston, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Martin of Guilford, Parnell, Plyler, Rand, Rauch, Roy all. Sands, Seymour, 
Staton, Taft, Tally, Walker, Ward, Warren, and Winner: 

S.B. 292, a bill to create the State Building Commission. 
Referred to Appropriations Committee. 

By Senators Goldston and McDuffie: 

S.B. 293, a bill to revise the legal banking holidays. 

Referred to Commerce Committee. .;,,... >r 

By Senators Goldston, Hunt of Durham, and Ezzell: 

S.B. 294, a bill to raise the level of expenditure on public building projects on 
which informal competitive bid procedures may be used. 
Referred to State Government Committee. 

By Senators Goldston, Hunt of Durham, and Ezzell: 

S.B. 295, a bill to continue the Legislative Study Committee on State-owned prop- 
erty. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Barker, Allran, Barnes, Basnight, Block, Bryan, Conder, Daniel, 
Goldston, Guy, Hardison, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, Plyler, Richardson, Royall, 
Sands, Seymour, Shaw, Smith, Speed, Staton, Swain, Taft, Tally, Thomas, Warren, 
and Winner: 

S.B. 296, a bill to amend the subclassification plan to provide that no S.D.I. P. 
points shall be assessed for driving violations that require the assessment of two driv- 
er's license points. 

Referred to Insurance Committee. 

By Senators Basnight, Harrington, and Taft: 

S.B. 297, a bill to appropriate funds to implement a new academic development 
plan for Elizabeth City State University. 

Referred to Appropriations Committee. 



April 6, 1987 



1987] SENATE JOURNAL 185 

By Senator Basnight: 

S.B. 298, a bill to establish in North Carolina public schools the capability to pro- 
vide distance learning by satellite. 

Referred to Education Committee. 

By Senator Basnight: 

S.B. 299, a bill to provide a special migratory waterfowl hunting license and to 
prescribe the penalty for migratory game bird violations. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Smith: 

S.B. 300, a bill to allow both word messages and symbols to be used for pedestrian 
traffic control signals. 

Referred to Transportation Committee. 

By Senator Smith: 

S.B. 301, a bill to delete the requirement that vehicles approaching a flashing yel- 
low light should yield the right of way. 

Referred to Transportation Committee. 

By Senator Smith: 

S.B. 302, a bill to change the sign message for exempt crossings. 
Referred to Transportation Committee. 

By Senator Martin of Pitt: 

S.J.R. 303, a joint resolution providing that the 1987 General Assembly shall meet 
for a day in the Town of Tarboro in honor of the Two Hundredth Anniversary of the 
1787 General Assembly Session meeting in Tarboro. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Barker: 

S.B. 304, a bill to increase the maximum tax credit for certain real property dona- 
tions. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 137 (Committee Substitute), a bill to amend the Statutes relating to profes- 
sional bail bondsmen and runners. 

Referred to Judiciary HI Committee. 

H.B. 232, a bill to require training of special registrationcommissioners. 
Referred to Election Laws Committee. 

H.B. 263, a bill to amend the Presidential Preference Primary Act to account for 
the change in its date. 

Referred to Election Laws Committee. 

H.B. 272, a bill to remove the limitation on the length of streets the Town of 
Troutman may make improvements on and assess for the cost without petition. 
Referred to Local Government and Regional Affairs II Committee. 



April 6, 1987 



186 SENATE JOURNAL [Session 

H.B. 301, a bill to clarify the corporate limits of the Town of Vandemere in Pam- 
lico County. 

Referred to Local Government and Regional Affairs II Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

Report of Senate Pensions and Retirement Committee on Appointment of 
Members to the Board of Trustees of the Teachers' and State Employees' Retirement 
System, for confirmation. 

The Senate Committee on Pensions and Retirement report submitted Fri- 
day, April 3, is placed before the Senate for consideration. The Senate confirms the 
appointments of the Governor by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner~46. 

Voting in the negative: None. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

S.B. 175, a bill to amend the Fayette ville City Charter regarding the benefits a 
retired city fireman is entitled to. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 30, a bill to allow the Legislative Ethics Committee to choose more than one 
method of disposing of a matter after its inquiry into alleged violations. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Sherry 
Ann Askew, Eure; Phillip Buckbee, States ville; Jennifer Canter, Greensboro; 
Deborah Carpenter, Raleigh; Sam Gardner, Raleigh; Tabitha Harrison, Scotland 
Neck; David Lewis, Dunn; Tonya Lynn Locklear, Pembroke; Jason McMurtry 
Mills, New Bern; Chad Moore, Raleigh; Bonnie Susan O'Neil, Clayton; Kim Pres- 
nell, Asheboro; Gena Salmon, Lillington; Ami Nichole Tadlock, Elizabeth City; 
Robert Glen Taylor, Merry Hill; Vernon Elliott Turner II, Dudley; Lara Louise Ven- 
ters, Jacksonville; Nita Lynette Woullard, Fayetteville; and Monica Zink, Raleigh. 

On motion of Senator Harrington, seconded by Senator Plyler, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



i ^ X FORTY-SECOND DAY 

Senate Chamber, 

- ; r ^^ sc . . vi ;: Tuesday, April 7, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Leland F. Smith, Pastor of Holy Innocence Epis- 
copal Church, Henderson, as follows: 



April 7, 1987 



1987] ' SENATE JOURNAL 187 

"Almighty God, the Father of all mankind, Christians and Jews stand before You 
with awe and humility at the approach of this most sacred time of year and behold the 
saving power of Your love for Your creation. This afternoon we lift in prayer these 
Thy faithful servants actively engaged in the governing of this State. Grant to them 
integrity of purpose, and unfailing devotion to Thy righteous will in their sincere efforts 
to make wise decisions on the complicated issues before them. Illumine their minds 
and quicken their hearts that their legislation may be such as will promote the welfare 
of all the people of our State; to the aid of the poor, the relief of the oppressed and for 
the redress of social wrongs. All this we humbly ask in the Name of our Loving God 
and Father of all. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Ward for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

S.B. 182, a bill to increase the maximum fine for violation of ordinances of the City 
of Greensboro from fifty dollars to five hundred dollars, but only if the ordinance spe- 
cifically provides for the higher penalty, with a favorable report. 

S.B. 195, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property of Craven Community College rather than by cities in 
that County, with a favorable report. 

S.B. 206, a bill to authorize the City of Raleigh to continue certain economic devel- 
opment activities, with a favorable report. 

H.B. 19, a bill to allow the Town of Kenans ville, the County of Duplin, and the 
Duplin County Board of Education to lease certain property to the Duplin County 
Agri-Business Council, Inc., for the purpose of creating agricultural display area and 
livestock arena, with a favorable report. 

H.B. 196, a bill to authorize Wildlife Enforcement Officers to enforce the littering 
law in McDowell County, with a favorable report. 

H.B. 208, a bill to authorize an increase in the informal bid limits relating to the 
letting of public contracts by the City of Greensboro, with a favorable report. 

H.B. 212, a bill to increase the penalty for parking violations that are committed in 
the Town of Kernersville and are established by relying on the prima facie rule of 
evidence, with a favorable report. 

H.B. 220, a bill to change the date of the nonpartisan Mitchell County Board of 
Education election from May to November, with a favorable report. 

H.B. 223, a bill to allow the Town of Try on to convey to the Polk County Commu- 
nity Foundation, Inc., certain real estate at private sale, with a favorable report. 



April 7, 1987 



188 SENATE JOURNAL [Session 

H.B. 239, a bill to allow Scotland County to convey a tract of land at private sale to 
the Scotland County Stadium-Civic Center, Inc., with a favorable report. 

H.B. 240, a bill to make permanent the exemption for the Tyrrell County Boards of 
Education and County Commissioners to enter into certain contracts without comply- 
ing with Chapter 133 and Article 8 of Chapter 143 of the General Statutes, with a 
favorable report. 

H.B. 253, a bill concerning voluntary satellite annexations by the Town of Kenly, 
with a favorable report. 

H.B. 258, a bill to allow the Town of Wendell to impose water and wastewater 
capacity charges, with a favorable report. 

S.B. 207, a bill to remove certain property from the corporate limits of the City of 
Raleigh, with a favorable report, as amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

S.B. 93, a bill to permit persons to engage in business as pawnbrokers in unincor- 
porated areas of Iredell County, with a favorable report. 

S.B. 123, a bill to provide additional procedures for Caldwell County to increase 
the size of fire tax districts, with a favorable report. 

H.B. 88, a bill to amend the Charter of the City of Greensboro to provide enforce- 
ment powers for the fair housing ordinance, with a favorable report. 

H.B. 227, a bill to restate the corporate boundaries of the Town of Dublin, with a 
favorable report. 

H.B. 251, a bill to repeal the Fayette ville Boxing and Wrestling Commission, with 
a favorable report. 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 239, a bill to make certain changes in the North Carolina Childhood Vaccine- 
Related Injury Compensation Program, with a favorable report. 

By Senator Plyler for the Appropriations Committee: 

S.B. 292, a bill to create the State Building Commission, with a favorable report. 

By Senator Barnes for the Judiciary I Committee: 

S.B. 107, a bill to be known as the North Carolina Uniform Transfers to Minors 
Act as recommended by the General Statutes Commission, with a favorable report. 

S.B. 94, a bill to recodify the laws relating to fraternal benefit societies and frater- 
nal orders, with a favorable report, as amended. 

By Senator Richardson for the Veterans Affairs and Senior Citizens Com- 
mittee: 

H.B. 217, a bill to provide for the establishment of a commission to erect a monu- 
ment to the veterans of World War I, World War II, and the Korean War, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: , ., , . . ; * 



April 7, 1987 



1987] ^ SENATE JOURNAL 189 

By Senator Johnson of Cabarrus: 

S.B. 305, a bill to provide that surrogate contracts are against the public policy of 
the State and therefore void. 

Referred to Judiciary I Committee. 

By Senators Plyler, Basnight, Conder, Goldston, Hunt of Durham, Kaplan, Rand, 
Roy all, Sherron, and Walker: 

S.B. 306, a bill to promote the use of affordable housing and to provide for fair 
zoning regulation of residential manufactured homes and for taxation of manufactured 
homes as real property. 

Referred to Judiciary IV Committee. 

By Senators Plyler, Conder, and Smith: r 

S.B. 307, a bill to appropriate funds to Mission Air for air transportation in medi- 
cal emergencies. 
Referred to Appropriations Committee. 

By Senators Plyler, Cobb, Rand, and Johnson of Cabarrus: 

S.B. 308, a bill to authorize traffic control measures by the Department of Trans- 
portation at major events. 

Referred to Transportation Committee. 

By Senator Johnson of Wake: 

S.B. 309, a bill to appropriate funds for construction of a center for mentally 
handicapped children at the Frankie Lemmon School and Developmental Center, Inc. 
Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 310, a bill to amend the Product Liability Risk Retention group law by reflect- 
ing the federal Risk Retention Amendments of 1986 in order to carry out the authority 
granted by Congress to the States. 

Referred to Insurance Committee. 

By Senator Johnson of Wake and Martin of Guilford: 

S.B. 311, a bill to clarity the Fair Housing Act. 
Referred to Judiciary II Committee. 

By Senator Conder: ^ 

S.B. 312, a bill to establish an Early Educational Program for four-year-olds. 
Referred to Children and Youth Committee. 

By Senator Smith: 

S.B. 313, a bill to allow the County of Rowan to convey its interest in the Old Post 
Office property in Salisbury at private sale. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Johnson of Wake and Martin of Guilford: 

S.B. 314, a bill to provide to handicapped persons the protections of the State Fair 
Housing Act. 
Referred to Judiciary II Committee. 



April 7, 1987 



190 SENATE JOURNAL [Session 

By Senator Ward: 

S.B. 315, a bill to clarify the law regarding payment of costs in Department of 
Human Resources institutions. 

Referred to Human Resources Committee. 

By Senator Ward: 

S.B. 316, a bill to amend the licensure law for mental health, mental retardation, 
and substance abuse services. 

Referred to Human Resources Committee. 

By Senators Walker, Barker, Barnes, Basnight, Block, Conder, Daniel, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Sherron, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner: 

S.B. 317, a bill to authorize the creation of North Carolina capital corporations. 
Referred to Commerce Committee. 

By Senator Staton: 

S.B. 318, a bill to provide for the Statewide application of an act authorizing cer- 
tain counties and the municipalities therein to undertake economic development activi- 
ties. 

Referred to Economic Growth Committee. Ji 

By Senator McDuf fie: ... .- vi r: 

S.B. 319, a bill to authorize the City Manager of Charlotte to waive the requirement 
for bid deposits on bids for equipment, material, and supplies. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: ., -'? :■•,-•, ■ ':,d;./v'' -'-;'■ f-'r<,i>'r,^-r^:' ;''•:: ,-> ^Cir h e 

S.B. 320, a bill authorizing governmental entities to receive refunds of sales and use 
taxes paid on electrical, natural gas, and intrastate telephone purchases. 
Referred to Finance Committee. 

By Senator McDuffie: 

S.B. 321, a bill to authorize warrantless arrests for certain domestic violence of- 
fenses. 

Referred to Judiciary III Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives , transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 139, a bill to provide that in preparation of the general election ballot, the 
State Board of Elections may not divide the Appellate Division into more than one 
ballot, and may not divide the Superior Court into more than one ballot. 

Referred to Election Laws Committee. 

H.B. 286, a bill to amend Chapter 20 of the General Statutes to make passenger 
capacity of buses consistent with regulation by the Utilities Commission under provi- 
sions of Chapter 62 of the General Statutes. 

Referred to Transportation Committee. 



April 7, 1987 



1987]^? SENATE JOURNAL 191 

H.B. 368, a bill to extend certain deadlines applicable to the North Carolina Haz- 
ardous Waste Treatment Commission, 
Referred to Environment Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 115, a bill to make English the Official Language of North Carolina, as 
amended, upon third reading. 

The bill, as amended, passed its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

S.B. 237, a bill to make Statewide an act applicable to 32 counties and the munici- 
palities located within those counties, authorizing counties and cities to regulate aban- 
doned junked vehicles for aesthetic purposes, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Kaplan, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



FORTY-THIRD DAY 

Senate Chamber, 
' Wednesday, April 8, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Edith Gleaves, Minister of Cokesbury United 
Methodist Church, Raleigh, as follows: 

"O Lord God, from Whom all holy desires, all good counsel, and all just works do 
proceed. Whose glory is in all the world, we pray that You grant to this Senate, as- 
sembled here, wisdom and strength to know and do Your will. Fill them with the love 
of truth and righteousness and make them ever mindful of their calling to serve the 
people in reverence of You. 

"We also pray for this whole land, that You, O God, rule the hearts of the President 
of this nation, the Governor of this State, and all others in civil authority. Direct and 
prosper them in their process of decision-making so that the safety and welfare of all 
the people will be advanced, and peace and justice may be established. 

"This we pray in the Name of the Eternal Source of Wisdom and Peace. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



April 8, 1987 



192 SENATE JOURNAL [Session 

By Senator Guy for the State Government Committee: 

S.B. 276, a bill to provide that the University of North Carolina Center for Public 
Television is an eligible recipient under the art in State buildings program, with a fa- 
vorable report. 

H.B. 71 (Senate Committee Substitute), a bill to establish the Legislative Commit- 
tee on New Licensing Boards and a review process for the creation of occupational and 
professional licensing boards, with a favorable report, as amended. 

On motion of Senator Guy, the rules are suspended and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration and on his further 
motion Committee Amendment No. 1 is adopted. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 273, a bill to change the hours that water skiing and similar activities are 
prohibited, with a favorable report. 

H.B. 150, a bill to require persons hunting big game to display on their person a 
minimum amount of hunter orange, with a favorable report. 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing, with a 
favorable report, as amended. 

On motion of Senator Tally, the rules are suspended and the bill is placed before the 
Senate for immediate consideration and on her further motion Committee Amend- 
ments No. 1 and No. 2 are adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 

By Senator Goldston for the Transportation Committee: 

H.B. 168, a bill to repeal the sunset provision on certain safety requirements con- 
cerning a stopped school bus, with a favorable report. 

H.B. 287, a bill regarding the Commissioner of Motor Vehicles' authority to regu- 
late driver training schools, with a favorable report. 

By Senator Rauch for the Finance Committee: 

S.B. 21, a bill to conform the treatment of all income tax credits received by a 
corporation to the treatment of an income tax credit for property taxes, with a favor- 
able report. 

S.B. 162, a bill to provide that receipts from the tax on native wine shall be used to 
promote the grape industry, with a favorable report, as amended. 

S.B. 215, a bill to raise the processing fee for bad checks, with a favorable report, 
as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate , 
read the first time, and disposed of as follows: 

By Senator Shaw: 

S.B. 322, a bill to permit the allocation of individual income tax refunds to the 
North Carolina Fund for Children and Families. 
Referred to Finance Committee. 



April 8, 1987 



1987] SENATE JOURNAL 193 

By Senator Harris: 

S.B. 323, a bill to change the effective date of the life care center certificate of need 
modification law. 

Referred to Human Resources Committee. 

By Senator Johnson of Cabarrus: 

S.B. 324, a bill to amend G.S. 130A-80 and G.S. 130A-83 and validating certain 
actions relating to sanitary districts. 
Referred to Judiciary I Committee. 

By Senators Ward, Barnes, Conder, Hunt of Moore, Martin of Guilford, Marvin, 
Swain, Tally, Walker, and Warren: 

S.B. 325, a bill to appropriate funds to implement the recommendations of the task 
force on the preparation of teachers. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt, Allran, Barker, Barnes, Basnight, Block, Bryan, Con- 
der, Daniel, Guy, Hardison, Harris, Hipps, Hunt of Durham, Johnson of Wake, 
Kaplan, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Smith, Somers, Speed, Taft, Tally, 
Thomas, Walker, Ward, and Warren: 

S.B. 326, a bill to appropriate funds for export marketing of agricultural products. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S.B. 327, a bill to make the child support expedited process conform with federal 
and State law. 

Referred to Judiciary IV Committee. 

By Senators Rand and Plyler: 

S.B. 328, a bill to amend the structural pest control law to provide for civil penal- 
ties, applicator training and staggered licensing. 
Referred to Judiciary IV Committee. 

By Senators Seymour, Johnson of Wake, Staton, and Hunt of Moore: 

S.B. 329, a bill to repeal the prohibition against offering insurance through credit 
card facilities and to authorize insurance coverage of credit card indebtedness. 
Referred to Insurance Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 330, a bill to authorize Gaston County to levy a room occupancy tax. 
Referred to Finance Committee. 

By Senator Basnight: 

S.B. 331, a bill to appropriate funds for the Wright Brothers Museum expansion 
project. 

Referred to Appropriations Committee. 

By-Senators Cobb and Johnson of Wake: 

S.B. 332, a bill to modify the rules for disposition of unclaimed clothing by laun- 
dries and dry cleaning establishments. 
Referred to Judiciary II Committee. 



April 8, 1987 



194 SENATE JOURNAL [Session 

By Senator McDuffie: 

S.B. 333, a bill to repeal the mandatory seat belt law after a binding referendum. 
Referred to Election Laws Committee. 

By Senator Shaw: 

S.B. 334, a bill to permit the allocation of corporate income tax refunds to the 
North Carolina Fund for Children and Families. 
Referred to Finance Committee. 

By Senators Thomas, Walker, Martin of Guilford, Richardson, and Rauch: 

S.B. 335, a bill to appropriate funds to the North Carolina Symphony as a grant- 
in-aid increase. 

Referred to Appropriations Committee. 

By Senators Ward and Rauch: 

S.B. 336, a bill to appropriate funds to the North Carolina Arts Council to improve 
State programs in the arts. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 17 (Committee Substitute), a bill to provide taxpayers more notice of the 
adoption of schedules of value and to clarify the procedure for appeals concerning 
schedules of value and other property tax matters. 

Referred to Finance Committee. 

H.B. 134 (Committee Substitute), a bill providing for protecting the public from 
inactive hazardous substance or waste disposal sites. 
Referred to Environment Committee. 

H.B. 198, a bill to incorporate the Town of Taylortown, and provide for the simul- 
taneous dissolution of the Taylortown Sanitary District. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 207, a bill to create specialized registration plates for members of the Coast 
Guard Auxiliary. 

Referred to Transportation Committee. 

H.B. 305, a bill to authorize Yancey County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

S.B. 11, a bill to clarify procedures for implementing income withholding pursuant 
to a supporting party's request, for concurrence in House Amendment No. 1 which is 
placed on the Calendar for tomorrow, April 9. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 123, a bill to provide additional procedures for Caldwell County to increase 
the size of fire tax districts upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 



April 8, 1987 



1987] SENATE JOURNAL 195 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner~48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 206, a bill to authorize the City of Raleigh to continue certain economic devel- 
opment activities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

H.B. 227, a bill to restate the corporate boundaries of the Town of Dublin, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner~48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

H.B. 253, a bill concerning voluntary satellite annexations by the Town of Kenly, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

H.B. 258, a bill to allow the Town of Wendell to impose water and wastewater 

capacity charges, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 

Bryan, Cobb, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 



April 8, 1987 



196 SENATE JOURNAL [Session 

Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 207, a bill to remove certain property from the corporate limits of the City of 
Raleigh. 

Upon motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 93, a bill to permit persons to engage in business as pawnbrokers in unincor- 
porated areas of Iredell County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 195, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property of Craven Community College rather than by cities in 
that County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 19, a bill to allow the Town of Kenansville, the County of Duplin, and the 
Duplin County Board of Education to lease certain property to the Duplin County 
Agri-Business Council, Inc., for the purpose of creating agricultural display area and 
livestock arena. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 88, a bill to amend the Charter of the City of Greensboro to provide enforce- 
ment powers for the fair housing ordinance. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 196, a bill to authorize Wildlife Enforcement Officers to enforce the littering 
law in McDowell County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 208, a bill to authorize an increase in the informal bid limits relating to the 
letting of public contracts by the City of Greensboro. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 212, a bill to increase the penalty for parking violations that are committed in 
the Town of Kernersville and are established by relying on the prima facie rule of 
evidence. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 220, a bill to change the date of the nonpartisan Mitchell County Board of 
Education election from May to November. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 8, 1987 



1987] SENATE JOURNAL 197 

H.B. 223, a bill to allow the Town of Try on to convey to the Polk County Commu- 
nity Foundation, Inc., certain real estate at private sale. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 239, a bill to allow Scotland County to convey a tract of land at private sale to 
the Scotland County Stadium-Civic Center, Inc. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 240, a bill to make permanent the exemption for the Tyrrell County Boards of 
Education and County Commissioners to enter into certain contracts without comply- 
ing with Chapter 133 and Article 8 of Chapter 143 of the General Statutes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled . 

H.B. 251, a bill to repeal the Fayetteville Boxing and Wrestling Commission. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 182, a bill to increase the maximum fine for violation of ordinances of the City 
of Greensboro from fifty dollars to five hundred dollars, but only if the ordinance spe- 
cifically provides for the higher penalty. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Sands to its third reading, the bill remains on the Calendar 
for tomorrow for further consideration. 

S.B. 107, a bill to be known as the North Carolina Uniform Transfers to Minors 
Act as recommended by the General Statutes Commission. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Johnson of Wake to its third reading, the bill remains on 
the Calendar for tomorrow for further consideration. 

S.B. 239, a bill to make certain changes in the North Carolina Childhood Vaccine- 
Related Injury Compensation Program. 

On motion of Senator Taft, consideration of the bill is postponed until Tuesday, 
April 14. 

S.B. 292, a bill to create the State Building Commission. 

Senator Simpson offers Amendment No. 1. 

Senator Goldston, seconded by Senator Royall, offers a motion that Amendment 
No. 1 do lie upon the table, which motion prevails. Amendment No. 1 lies upon the 
table. 

Senator Cobb offers a motion that the bill be re-referred to the State Government 
Committee, which motion fails to prevail. 

Senator Goldston, seconded by Senator Harris, calls the previous question. The 
call is sustained. 

The bill passes its second reading (electronically recorded) . 

Senator Cobb objects to the third reading of the bill. 

Senator Goldston offers a motion to suspend the rules to allow the bill to remain 
before the Senate for further consideration upon third reading. 

Senator Cobb calls for the "ayes" and "noes." 

The Chair announces the call is not sustained. 

Senator Cobb rises to a point of order to the number sufficient to sustain the call for 
the "ayes" and "noes," pursuant to Rule 26. 

The Chair rules, "The Constitution says that the call for the 'ayes' and 'noes' shall 
be made by one person and seconded by ten others. It takes eleven to sustain the 
call." 



April 8, 1987 



198 SENATE JOURNAL [Session 

The bill passes its third reading and is ordered sent to the House of Representatives. 

H.B. 217, a bill to provide for the establishment of a commission to erect a monu- 
ment to the veterans of World War I, World War II, and the Korean War. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Plyler to its third reading, the bill remains on the Calendar 
for tomorrow for further consideration. 

On motion of Senator Harrington, seconded by Senator Marvin, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



FORTY-FOURTH DAY 

Senate Chamber, 
Thursday, April 9, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Bill Lowdermilk, Vice-President of Methodist College, 
Fayetteville, as follows: 

"Our Father, how much simpler life would be if all issues were clearly right or 
wrong, good or bad. But, as we face our societal problems, we find ourselves with the 
choice of the lesser of two evils or the better of two goods. Sometimes our choices lead 
us down a dead-end street even when we had the purist of motives; such as the pesti- 
cides that protect our crops but pollute our streams and poison our bodies. We strug- 
gle with the need for less dependency on foreign fuel and what to do with our nuclear 
waste. Therefore, today and every day, we ask Your presence here to help us make 
wise and sensitive decisions that ten, twenty years from now, those living with the 
results of our actions can appreciate our having sought Your guidance, used the most 
gifted minds available to us, and worked for the best solutions for all concerned. 
Clarity of thought, purity of motive and sensitivity to need call us to the best that we 
know and can be, and it is in this attitude that we ask Your presence, guidance, and 
strength in all the sessions of this Body. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Johnson of Cabarrus, who is 
practicing law in court, and to Senator Seymour, who is attending the Change of 
Charge Ceremony for her son. Commander Hubert E. Seymour III, at Cecil Field, 
Jacksonville, Florida, for today. 

The President extends courtesies of the gallery to Edda Schiepdack, Deputy to the 
State Parliament of Lower Saxony, West Germany. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee. 

S.B. 129, a bill to provide for pioneer testing of funding policy proposals for mental 
health, mental retardation, and substance abuse, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 



April 9, 1987 



1987] SENATE JOURNAL 199 

S.B. 230, a bill to authorize the Commission for Health Services to adopt rules 
governing the sanitation of fish markets, and to make other conforming changes in 
Article 8, Chapter 130 A of the General Statutes, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 230 (Committee Substitute), a bill to 
authorize the Commission for Health Services to adopt rules governing the sanitation 
of retail seafood businesses, and to make other conforming changes in Article 8, of 
G.S. Chapter 130A, and on his further motion, the Committee Substitute bill is 
adopted. 

On motion of Senator Harris, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 13, for further consideration. 

By Senator Warren for the Education Committee. 

S.B. 184, a bill to direct the public schools to refer students who drop out of the 
public schools to appropriate services, with a favorable report. 

S.B. 185, a bill to address the literacy problem in North Carolina with the goal of a 
substantial reduction in illiteracy rate by the year 2000, with a favorable report. 

On motion of Senator Warren, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Rauch for the Finance Committee. 

S.B. 221, a bill to increase the interest rate applicable to In Rem property tax fore- 
closures and to permit a taxing unit to collect administrative costs incurred in these 
foreclosures, with a favorable report. 

CONFIRMATION OF APPOINTMENT 

Senator Taft, Chairman of the State Personnel Committee, submits the follow- 
ing report: 

In compliance with the provisions of G.S. 126-2(c) that nominees to fill positions 
on the State Personnel Commission shall be subject to confirmation by the General 
Assembly, Governor Martin has submitted for confirmation by the General Assembly 
the following name: 

Garland S. Edwards of Rockingham County 
un to fill a vacancy until June 30, 1987 

The Senate State Personnel Committee has considered the nominee and makes 
the following recommendation: 

That the nomination of Garland S. Edwards as a member of the State Personnel 
Commission be confirmed. 

The Senate confirms the appointment of the Governor by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guil- 
ford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Royall, Sands, Shaw, Sher- 
ron, Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



April 9, 1987 



200 SENATE JOURNAL [Session 

House of Representatives 
April 8, 1987 

Mr. President'. 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to General Statutes 126-2(c), the House of Representatives has confirmed 
the nomination of Garland S. Edwards of Rockingham County as a member of the 
State Personnel Commission. 

Respectfully, 

s /Grace A. Collins 

Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.B. 337, a bill to provide a procedure for filing certification when no inheritance 
tax return is required. 

Referred to Finance Committee. 

By Senators Ezzell and Harrington: 

S.B. 338, a bill to authorize Halifax County to levy a room occupancy and tourism 
development tax. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 339, a bill to appropriate funds to the Moore County Children's Center for a 
new developmental day care facility. 

Referred to Appropriations Committee. 

By Senators Warren, Barnes, Basnight, Block, Bryan, Ezzell, Martin of Pitt, Par- 
nell, Plyler, Shaw, Sherron, Soles, Speed, and Taft: 

S.B. 340, a bill to appropriate funds for construction of storage facilities at research 
stations of the Department of Agriculture. 
Referred to Appropriations Committee. 

By Senators Hardison, Harris, and Guy: 

S.B. 341, a bill to remove the sunset and permit the Division of Services for the 
Blind of the Department of Human Resources to operate vending machines on inter- 
state highways and controlled-access highways. 

Referred to Human Resources Committee. 

By Senator Harrington: 

S.B. 342, a bill to appropriate funds for a summer enrichment program in Bertie 
County. 

Referred to Appropriations Committee. 

By Senators Marvin and Hunt of Moore: 

S.B. 343, a bill to provide that a business shall make available information needed 
to locate an absent parent for the purpose of collecting child support. 
Referred to Judiciary IV Committee. 



April 9, 1987 



1987] SENATE JOURNAL 201 

By Senator Harris: ■ ' ■ ' 

S.B. 344, a bill to authorize the discharge of clients who escape or breach the con- 
dition of release. 

Referred to Human Resources Committee. 

By Senators Harris and Smith: 

S.B. 345, a bill to clarify the emergency medical technician certification process for 
out-of-state applicants. 

Referred to Human Resources Committee. 

By Senators Martin of Guilford, Conder, Winner, Walker, and Rand: 

S.B. 346, a bill to provide for the Governor and Council of State to be elected in 
1998 and quadrennially thereafter, with a one-time six-year term election in 1992 so 
as to provide transition. 

Referred to Election Lavi^s Committee. 

By Senators Martin of Guilford, Cobb, Conder, Rand, Richardson, Thomas, and 
Winner: 

S.B. 347, a bill to clarify the power of county boards of elections to hold required 
meetings for approval of absentee ballots at alternate times. 
Referred to Election Laws Committee. 

By Senators Martin of Guilford, Cobb, Conder, Rand, Richardson, Thomas, 
Walker, and Winner: 

S.B. 348, a bill to permit voters to report changes of address within the county by 
postcard. 

Referred to Election Laws Committee. 

" ' V' ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 19, an act to allow the Town of Kenansville, the County of Duplin, and the 
Duplin County Board of Education to lease certain property to the Duplin County 
Agri-Business Council, Inc., for the purpose of creating agricultural display area and 
livestock arena. (Ch. 50) 

H.B. 88, an act to amend the Charter of the City of Greensboro to provide enforce- 
ment powers for the fair housing ordinance. (Ch. 51) 

H.B. 196, an act to authorize Wildlife Enforcement Officers to enforce the littering 
law in McDowell County. (Ch. 52) 

H.B. 208, an act to authorize an increase in the informal bid limits relating to the 
letting of public contracts by the City of Greensboro. (Ch. 53) 

H.B. 212, an act to increase the penalty for parking violations that are committed 
in the Town of Kernersville and are established by relying on the prima facie rule of 
evidence. (Ch. 54) , , 

H.B. 220, an act to change the date of the nonpartisan Mitchell County Board of 
Education election from May to November. (Ch. 55) 

H.B. 223, an act to allow the Town of Tryon to convey to the Polk County Com- 
munity Foundation, Inc., certain real estate at private sale. (Ch. 56) 



April 9, 1987 



202 SENATE JOURNAL [Session 

H.B. 239, an act to allow Scotland County to convey a tract of land at private sale 
to the Scotland County Stadium-Civic Center, Inc. (Ch. 57) 

H.B. 240, an act to make permanent the exemption for the Tyrrell County Boards 
of Education and County Commissioners to enter into certain contracts without com- 
plying with Chapter 133 and Article 8 of Chapter 143 of the General Statutes. (Ch. 
58) 

H.B. 251, an act to repeal the Fayetteville Boxing and Wrestling Commission. 
(Ch. 59) 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 123, a bill to provide additional procedures for Caldwell County to increase 
the size of fire tax districts, upon third reading. 

Senator Hunt of Moore offers Amendment No. 1, held to be material, changing the 
title to read, S.B. 123, a bill to provide additional procedures for Caldwell and 
Chatham Counties to increase the size of fire tax districts, which is adopted (electroni- 
cally recorded), constituting the first reading of the bill, as amended. 

The bill, as amended, is placed on the Calendar for Friday, April 10, upon second 
reading. 

S.B. 206, a bill to authorize the City of Raleigh to continue certain economic devel- 
opment activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 227, a bill to restate the corporate boundaries of the Town of Dublin, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 253, a bill concerning voluntary satellite annexations by the Town of Kenly, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 



April 9, 1987 



1987] SENATE JOURNAL 203 

The bill is ordered enrolled. r 

H.B. 258, a bill to allow the Town of Wendell to impose water and wastewater 
capacity charges, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 182, a bill to increase the maximum fine for violation of ordinances of the City 
of Greensboro from fifty dollars to five hundred dollars, but only if the ordinance spe- 
cifically provides for the higher penalty, upon third reading. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Judiciary I 
Committee. 

S.B. 21, a bill to conform the treatment of all income tax credits received by a 
corporation to the treatment of an income tax credit for property taxes, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~48. 

Voting in the negative: None. 

The bill remains upon the Calendar for tomorrow for further consideration upon 
third reading. 

S.B. 162, a bill to provide that receipts from the tax on native wine shall be used to 
promote the grape industry. 

On motion of Senator Hardison, Committee Amendment No. 1 is adopted, chang- 
ing the title to read, S.B. 162, a bill to provide that receipts from the tax on wine 
manufactured in North Carolina shall be used to promote the grape industry. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 215, a bill to raise the processing fee for bad checks. 

On motion of Senator Hunt of Durham, Committee Amendment No. 1 is adopted. 

Senator Cobb moves that the vote by which Committee Amendment No. 1 was 
adopted be reconsidered, which motion prevails (electronically recorded). 

Committee Amendment No. 1 fails of adoption (electronically recorded). 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Thomas to its third reading, the bill remains on the Calen- 
dar for tomorrow for further consideration. 

S.B. 273, a bill to change the hours that water skiing and similar activities are 
prohibited. 

The bill passes its second reading (electronically recorded) 

Senator Simpson objects to the third reading of the bill. 

Without objection, on motion of Senator Rauch, the bill is placed on the Calendar 
for Wednesday, April 15, upon third reading. 



April 9, 1987 



204 SENATE JOURNAL [Session 

S.B. 276, a bill to provide that the University of North Carolina Center for Public 
Television is an eligible recipient under the art in State buildings program. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 150, a bill to require persons hunting big game to display on their person a 
minimum amount of hunter orange. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Swain to its third reading, the bill remains on the Calendar 
for tomorrow for further consideration. 

H.B. 168, a bill to repeal the sunset provision on certain safety requirements con- 
cerning a stopped school bus. 

On motion of Senator Soles, the bill is re-referred to the Judiciary IV Commit- 
tee. 

H.B. 287, a bill regarding the Commissioner of Motor Vehicles' authority to regu- 
late driver training schools. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 107, a bill to be known as the North Carolina Uniform Transfers to Minors 
Act as recommended by the General Statutes Commission, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

H.B. 217, a bill to provide for the establishment of a commission to erect a monu- 
ment to the veterans of World War I, World War II, and the Korean War, upon third 
reading. 

On motion of Senator Richardson, consideration of the bill is postponed until 
Thursday, April 16. 

S.B. 11, a bill to clarify procedures for implementing income withholding pursuant 
to a supporting party's request, for concurrence in House Amendment No. 1. 

On motion of Senator Marvin, the Senate concurs in House Amendment No. 1 
(electronically recorded) and the bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Swain, the Senate adjourns 
to meet tomorrow at 9:00 A.M. 



FORTY-FIFTH DAY 



Senate Chamber, 
Friday, April 10, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Everett France, Associate Minister of First United 
Methodist Church, Cary, as follows: ^ 

"O Holy and Universal God, of Whom we call upon by as many names as there are 
divers understanding and customs within our human community, we humbly ask that 
Your presence be experienced in this elected Body that represents the citizens of North 
Carolina. Bring to its members the courage to stand for that which is right and honor- 
able in the affairs of men and women, that in so doing they will be able to insure that 



April 10, 1987 



1987] SENATE JOURNAL 205 

the rights and privileges of all citizens in this great State will in no way be compro- 
mised. 

"Keep alive in each member the precious act of unselfish service as the highest mark 
of human achievement in a world wrought with self-serving attitudes and actions, and 
bring to this august Body a dedication to a sense of urgency in it's deliberations that 
it's work might be done expediently. 

"Guide, protect, and bless each who serve herein and by Thy Holy Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for today to Senators Kaplan, Hipps, and 
Seymour; to Senator Block, attending the Azalea Festival; and to Senator Richardson, 
who is a member of the Charlotte Welcoming Committee for the General Assembly. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 11, an act to clarify procedures for implementing income withholding pursuant 
to a supporting party's request. (Ch. 60) 

S.B. 68, an act to change the Senate membership of the Committee on Employee 
Hospital and Medical Benefits. (Ch. 61) 

S.B. 77, an act to amend Chapter 557 of the 1985 Session Laws relating to 
Winston-Salem uptown development projects. (Ch. 62) 

S.B. 171, an act to allow the Town Manager of Apex to appoint the Town Clerk. 
(Ch. 63) 

S.B. 187, an act to amend the Charter of the City of Lexington to change the elec- 
tion system. (Ch. 64) 

S.B. 210 (Committee Substitute), an act to clarify the selection of the Administra- 
tor. (Ch. 65) 

H.B. 227, an act to restate the corporate boundaries of the Town of Dublin. (Ch. 
66) 

H.B. 253, an act concerning voluntary satellite annexations by the Town of Kenly. 
(Ch. 67) 

H.B. 258, an act to allow the Town of Wendell to impose water and wastewater 
capacity charges. (Ch. 68) 

H.B. 287, an act regarding the Commissioner of Motor Vehicles' authority to regu- 
late driver training schools. (Ch. 69) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee. 

S.B. 227, a bill to make the Shad Boat the official State boat, with a favorable 
report. 



April 10, 1987 



206 SENATE JOURNAL [Session 

S.B. 295, a bill to continue the Legislative Study Committee on State-owned prop- 
erty, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations 
Committee. 

S.J.R. 303, a joint resolution providing that the 1987 General Assembly shall meet 
for a day in the Town of Tarboro in honor of the Two Hundredth Anniversary of the 
1787 General Assembly Session meeting in Tarboro, with a favorable report. 

By Senator Johnson of Wake for the Judiciary II Committee. 

S.B. 332, a bill to modify the rules for disposition of unclaimed clothing by laun- 
dries and dry cleaning establishments, with a favorable report. 

S.B. 202, a bill to require a judicial official to state the reason(s) for requiring a 
secured bail bond as a condition of pretrial release, with an unfavorable report as to 
bill, but favorable report as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill which changes the title to read, S.B. 202 (Committee Substitute), a bill 
authorizing the Senior Resident Superior Court Judge to require judicial officials to 
state the reasons for requiring a secured bail bond as a condition of pretrial release, is 
placed before the Senate for immediate consideration, and on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Tuesday, April 14. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas, Hipps, and Marvin: 

S.B. 349, a bill to appropriate funds for the Brevard Music Center. 
Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 350, a bill to establish a time frame for filing appeals of administrative penalty 
assessments. 

Referred to Judiciary II Committee. 

By Senator Cobb: 

S.B. 351, a bill to provide for the defense of local health department sanitarians 
enforcing state public health rules. 

Referred to Human Resources Committee. 

By Senator Cobb: 

S.B. 352, a bill to provide for service of parking violation citations. 
Referred to Judiciary II Committee. 

By Senators Swain and Winner: 

S.B. 353, a bill to appropriate funds for the construction of Pack Place. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S.B. 354, a bill to appropriate funds to the Town of Weaverville for completions of 
renovations at Lake Louise. 

Referred to Appropriations Committee. 



April 10, 1987 



1987] SENATE JOURNAL 207 

By Senators Ward, Hunt of Moore, and Martin of Guilford: 

S.B. 355, a bill concerning intensive remedial summer school programs and related 
transportation in the local school administrative units. 
Referred to Education Committee. 

By Senator Sherron: 

S.B. 356, a bill to provide incentive pay for State Employees for gains in economy 
and efficiency in the rendering of governmental services. 
Referred to State Personnel Committee. 

By Senator Sherron: 

S.J.R. 357, a joint resolution authorizing the Legislative Research Commission to 
study the feasibility of a Wellness Program for State Employees, including a physical 
fitness facility. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Marvin: 

S.B. 358, a bill clarifying that unemployment compensation benefits may be ad- 
ministratively withheld in I V-D child support cases. 
Referred to Judiciary IV Committee. 

By Senators Tally, Parnell, Walker, Hipps, and Hunt of Moore: 

S.B. 359, a bill authorizing the Legislative Research Commission to study the man- 
agement of low-level radioactive waste and appropriating funds for the study. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Tally, Marvin, Ward, Conder, and Hunt of Moore: 

S.J.R. 360, a joint resolution to authorize the Legislative Research Commission to 
study day care. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Allran and Bryan: 

S.B. 361, a bill to appropriate funds to continue restoration and site development of 
the Murray's Hill complex and the Historic Bunker Hill Covered Bridge, both located 
in Catawba County. 

Referred to Appropriations Committee. 

By Senators Speed, Basnight, Guy, Hardison, Hunt of Moore, and Parnell: 

S.J.R. 362, a joint resolution authorizing the Legislative Research Commission to 
study the management of solid waste in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Speed, Basnight, Block, Bryan, Guy, Harrington, Hipps, Martin of 
Pitt, Parnell, Shaw, Sherron, Soles, Thomas, and Warren: 

S.B. 363, a bill to appropriate funds for improving the public information and agri- 
cultural awards programs of the Department of Agriculture. 
Referred to Agriculture Committee. 

By Senators Speed, Basnight, Block, Bryan, Guy, Harrington, Hipps, Martin of 
Pitt, Parnell, Shaw, Sherron, Soles, Thomas, and Warren: 

S.B. 364, a bill to appropriate funds for domestic marketing of agricultural prod- 
ucts. 

Referred to Agriculture Committee. 



April 10, 1987 



208 SENATE JOURNAL [Session 

By Senators Sherron, Barker, Barnes, Hunt of Moore, Johnson of Wake, Kaplan, 
Marvin, Plyler, Rand, Royall, Soles, Staton, Taft, Tally, Ward, and Warren: 

S.B. 365, a bill to appropriate funds to the North Carolina Council of Women's 
Organizations, Inc., for the North Carolina Women's Resource Center. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Taft: 

S.B. 366, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Marvin, Barnes, Basnight, Conder, Harrington, Kaplan, Martin of 
Pitt, Parnell, Plyler, Tally, Walker, and Ward: 

S.B. 367, a bill to strengthen the standards regarding removal of children from their 
homes and to make other changes in the Juvenile Code. 
Referred to Children and Youth Committee. 

By Senators Goldston and Hunt of Moore: 

S.B. 368, a bill to appropriate funds to the Department of Commerce for advertis- 
ing and tourism promotion grants. 

Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 369, a bill to allow for a system of differentiated pay for certified public school 
employees in selected local school districts. 
Referred to Education Committee. 

By Senator Ezzell: 

S.B. 370, a bill to amend certain rules of civil procedure. 
Referred to Judiciary I Committee. 

By Senators Plyler, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Parnell, Rand, Rauch, Richardson, Royall, Sands, 
Shaw, Sherron, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner: 

S.B. 371, a bill to establish a substance abuse program for inmates and to establish 
a substance abuse advisory council. 

Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 129, a bill to be clarify the provisions of G.S. 31-42 relating to the devolution 
of a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

H.B. 130, a bill to make technical amendments to the power of Attorney Statutes 
as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 



April 10, 1987 



1987] SENATE JOURNAL 209 

i EXECUTIVE ORDER 

Executive Orders received following adjournment sine die of the 1985 Session of the 
General Assembly are referred to committee, as follows: 

Executive Order Number 43, North Carolina Emergency Response Commis- 
sion. 

Referred to State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 123, a bill to provide additional procedures for Caldwell and Chatham Coun- 
ties to increase the size of fire tax districts, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner — 41. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for Monday, April 13, for further 
consideration upon third reading. 

S.B. 21, a bill to conform the treatment of all income tax credits received by a 
corporation to the treatment of an income tax credit for property taxes, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, War- 
ren, and Winner — 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 221, a bill to increase the interest rate applicable to In Rem property tax fore- 
closures and to permit a taxing unit to collect administrative costs incurred in these 
foreclosures, upon second reading. 

On motion of Senator Winner, consideration of the bill is postponed (electronically 
recorded) until Wednesday, April 15. 

S.B. 184, a bill to direct the public schools to refer students who drop out of the 
public schools to appropriate services. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 215, a bill to raise the processing fee for bad checks, upon third reading. 

Senator Thomas offers Amendment No. 2. 

Senator Johnson of Wake rises to a point of order as to Amendment No. 2, pend- 
ing, being germane to the bill. 

The Chair takes the point of order under advisement. 

On motion of Senator Thomas, further consideration of the bill, with Amendment 
No. 2 pending, is postponed until Monday, April 13. 



April 10, 1987 



210 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 292, a bill to create the State Building Commission for concurrence in House 
Amendment No. 1., which is placed on the Calendar for Monday, April 13. 

RE-REFERRAL 

S.B. 263, a bill to provide authority to establish laboratory certification fees. 
Without objection, on motion of Senator Winner, the bill is taken from the Envi- 
ronment Committee and is re-referred to the Finance Committee. 

On motion of Senator Harrington, seconded by Senator Rauch, the Senate adjourns 
(electronically recorded) to meet Monday at 7:00 P.M. 



FORTY-SIXTH DAY 

'■' Senate Chamber, 

Monday, April 13, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Rufus H. Stark II, Executive Director of the Meth- 
odist Home for Children, Raleigh, as follows: 

"Gracious God, we gather in this Chamber on the Monday of a week that most of 
the citizens of our State regard as holy. We remember slave people long ago who, 
through faith in You and the leadership of Moses, were led to freedom from bondage. 
Several hundred years later, we remember how Jesus of Nazareth, through unity with 
You, proclaimed that Your love is for every human being. Through His life and 
death, He led us all to a new life of liberty as we learn to see the worth of every human 
being. 

"We thank You for these memories and pray that we may all learn the lesson of this 
liberty. 

"Bless now, O Lord, the Senate of the State of North Carolina, that these persons 
chosen to lead may take actions which express Your freedom to all the people. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Block, Kaplan, Rauch, and 
Winner, who are observing a religious holiday, and to Senators Richardson and Taft, 
for tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ezzell and Seymour: 

S.B. 372, a bill to limit the liability of a trustee, officer, or member of a nonprofit 
corporation. 

Referred to Judiciary I Committee. 



April 13, 1987 



1987] SENATE JOURNAL 211 

By Senator Sherron: 

S.B. 373, a bill to provide funds to increase the staff at North Carolina Aquariums. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 374, a bill to authorize the Council of the City of Albemarle to sell and convey 
to Challenger Electrical Equipment Corporation the interest of the City of Albemarle in 
a 12.69 acre parcel of land, with improvements thereon, located in Harris Township, 
Stanly County, North Carolina. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Conder and Plyler: 

S.B. 375, a bill to require owners and operators and their parent corporations to be 
responsible for costs and liabilities arising from the operation of hazardous waste fa- 
cilities. 

Referred to Judiciary II Committee. 

By Senator Guy: 

S.B. 376, a bill to appropriate funds to the Onslow Coordinating Council on Aging, 
Inc., an organization which promotes and improves the well-being of older adults. 
Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 377, a bill to appropriate funds for the Onslow Peers Program. 
Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 378, a bill to appropriate funds to the Sand Castle Children's Home, Inc., for 
development and expansion of its services. 
Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 379, a bill to appropriate funds to Onslow County for operating expenses of 
the Onslow County Museum. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 380, a bill to appropriate funds to the Eastern Area Sickle Cell Association, 
Inc., for operating expenses. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 381, a bill to appropriate funds for operating expenses of the Onslow County 
Arts Council. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 382, a bill to appropriate funds to the Onslow Hospice, Inc., an organization 
the helps terminally ill patients, for operating expenses. 
Referred to Appropriations Committee. 



April 13, 1987 



212 SENATE JOURNAL [Session 

By Senator Guy: 

S.B. 383, a bill to appropriate funds to the Onslow Women's Center for operating 
expenses. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 384, a bill to repeal the Charter of the inactive Town of Gold Point. 
Referred to Local Government and Regional Affairs II Committee. 

By Senators Barker and Basnight: 

S.B. 385, a bill to appropriate funds to establish and operate a hatchery for clams, 
oysters, and other marine fisheries. 

Referred to Appropriations Committee. 

By Senator Marvin: 

S.B. 386, a bill to establish a Commission on Child Support. 
Referred to Children and Youth Committee. 

By Senators AUran and Bryan: 

S.B. 387, a bill concerning voluntary satellite annexations by the City of Hickory. 
Referred to Local Government and Regional Affairs I Committee. 

By Senators Rand, Barker, Barnes, Basnight, Conder, Goldston, Guy, Harrington, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Guilford, 
Marvin, Parnell, Plyler, Ranch, Sands, Sherron, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, and Warren: 

S.B. 388, a bill to appropriate funds for preschool screening/evaluation programs. 
Referred to Education Committee. 

By Senators Speed, Conder, Guy, Harris, Martin of Guilford, Parnell, and Rauch: 

S.B. 389, a bill to authorize the regulation of the operation of wells by bringing the 
operation of wells within the purview of the Well Construction Act. 
Referred to Environment Committee. 

By Senator Speed: 

S.B. 390, a bill authorizing the Wake Forest Board of Commissioners to sell prop- 
erty at private sale. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Walker, Barker, Barnes, Basnight, Conder, Daniel, Goldston, Guy, 
Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Plyler, Rand, Rauch, Royall, Sands, Sherron, Smith, Speed, 
Staton, Tally, Thomas, Ward, Warren, and Winner: 

S.B. 391, a bill to encourage welfare recipients to work and to foster family integ- 
rity. 

Referred to Human Resources Committee. 

By Senators Walker, Barker, Plyler, and Tally: 

S.B. 392, a bill to appropriate funds to train public health nurse supervisors, staff, 
and community health aids. 

Referred to Appropriations Committee. 



April 13, 1987 



1987] SENATE JOURNAL 213 

By Senator Harris: 

S.B. 393, a bill to provide for return of clients to 24-hour facilities. 
Referred to Human Resources Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 186, a bill to provide for short-term commitments of juveniles to local ap- 
proved facilities. 

Referred to Judiciary IH Committee. 

H.B. 187, a bill to provide temporary secure custody for juveniles charged with 
certain misdemeanors. 

Referred to Judiciary HI Committee. 

H.B. 283, a bill authorizing the establishment of veterans cemeteries. 
Referred to Veterans Affairs and Senior Citizens Committee. 

H.B. 290, a bill to provide for issuance of personalized registration plates for com- 
mercial vehicles. 

Referred to Transportation Committee. 

H.B. 336, a bill to authorize the City of Shelby to purchase natural gas by using 
informal bid procedures. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 345, a bill to authorize Wildlife Enforcement Officers to enforce the littering 
law in Brunswick County 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 366, a bill to allow digging of ditches in Bladen County below a certain level 
for storm or drainage sewer lines. 

Referred to Local Government and Regional Affairs I Committee. 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval, for con- 
currence in House Amendments No. 1 and No. 2 which is placed on the Calendar for 
tomorrow, April 14. 

H.B. 131, a bill to repeal certain inconsistent statutes and to clarify other statutes 
regarding the testimony of witnesses to prove the proper execution of an attested will as 
recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

H.B. 296, a bill to change the distribution of the net profits from the Madison and 
the Reidsville ABC Stores. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 356, a bill to amend the escheat and abandoned property laws of North Caro- 
lina, to ease compliance with its provisions. 
Referred to State Government Committee. 

]-■ rr'j .,:.:^^ .., r\.^- CALENDAR 

The following bill, carried forward as unfinished business from the Calendar of Fri- 
day, April 10, is taken up and disposed of: 



April 13, 1987 



214 SENATE JOURNAL [Session 

H.B. 150, a bill to require persons hunting big game to display on their person a 
minimum amount of hunter orange, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered enrolled. 

Bills and resolutions on the Calendar for tonight are taken up and disposed of as 
follows: 

S.B. 123, a bill to provide additional procedures for Caldwell and Chatham Coun- 
ties to increase the size of fire tax districts, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, 
Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, 
Walker, Ward, and Warren — 41. . 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 227, a bill to make the Shad Boat the official State boat. : ' - -?^^ 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 230 (Committee Substitute), a bill to authorize the Commission for Health 
Services to adopt rules governing the sanitation of retail seafood businesses, and to 
make other conforming changes in Article 8 of G.S. Chapter 130A. 

On motion of Senator Harris, the Committee Substitute bill is recommitted to the 
Human Resources Committee. 

S.J.R. 303, a joint resolution providing that the 1987 General Assembly shall meet 
for a day in the Town of Tarboro in honor of the Two Hundredth Anniversary of the 
1787 General Assembly Session meeting in Tarboro. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives, by special 
messenger. 

S.B. 332, a bill to modify the rules for disposition of unclaimed clothing by laun- 
dries and dry cleaning establishments. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 215, a bill to raise the processing fee for bad checks, upon third reading, with 
Amendment No. 2 pending. 

Without objection, the Chair orders the bill, with Amendment No. 2 pending, 
placed on the Calendar for tomorrow, April 14. 

S.B. 292, a bill to create the State Building Commission, for concurrence in House 
Amendment No. 1. 

On motion of Senator Goldston, the Senate concurs (electronically recorded) in 
House Amendment No. 1, and the bill is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: Timo- 
thy Wayne Bailey, Eden; Philip Berger, Eden; Julia Blue, Gastonia; Michelle Bryan, 
Ocracoke; John Byrum, Cary; Gwendolyn Darlene Dorsey, Elm City; William Diel, 
Charlotte; Catherine Renee Ely, Ocracoke; Kimberly Fulcher, Ocracoke; Sheila Gun- 
nells, Harrellsville; Elizabeth Dawn Holleman, Rocky Mount; Jeff Arden Howie, 



April 13, 1987 



1987] SENATE JOURNAL 215 

Eden; Michael Andrew Jackson, Roanoke Rapids; James Matthew Jernigan, Tabor 
City; Rebecca Evans Layton, Gastonia; John Patrick McDuffie, Charlotte; Catherine 
Elizabeth Scoggins, Raleigh; Mary Gwendolyn Smith, Goldsboro; Jeffrey T. Stratford, 
Charlotte; James Taylor, Eden; Wayne Ray Tuggle II, Eden; Kelly Anne Upchurch, 
Buies Creek; David Cox Williford, Tabor City; Deanne Woody, Roxboro; Erica Zink, 
Raleigh. 

On motion of Senator Harrington, seconded by Senator Harris, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



FORTY-SEVENTH DAY 

j Senate Chamber, 

Tuesday, April 14, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, we recall the protection which You gave to Your Hebrew children 
on that first Passover, and we pray that during this Passover, that You will give to all 
of us the protection of Your guardian angels that we may be protected from all evil, 
delivered from bondage to sin, and led into covenant with Thee. 

"Almighty God, we also recall that on this day in Holy Week that Jesus of Nazareth 
accused the religious and political leaders of His day of not being faithful to their 
responsibilities and of killing the prophets whom You had sent. We confess that in the 
events of 'Irangate* and of the 'Pearlygate' that once again the political and religious 
leaders have not been found faithful to their sacred trust. 

"Grant us a revival of integrity among the religious and political leaders of our land. 
Inspire all preachers, priests, and politicians to be faithful stewards of that which You 
have entrusted to them, and grant that we may welcome and not silence the voice of 
Your prophets in both the religious and the political arena. 

"All this we ask in the Name of the God who protects us all, Who calls each of us to 
a life of integrity, and Who commissions us one an all to be His spokespersons in this 
arena. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Block, Kaplan, Rauch, and 
Richardson for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



April 14, 1987 



216 SENATE JOURNAL [Session 

By Senator Soles for the Judiciary IV Committee. 

S.B. 327, a bill to make the child support expedited process conform with federal 
and State law, with a favorable report. 

S.B. 328, a bill to amend the structural pest control law to provide for civil penal- 
ties, applicator training and staggered licensing, with a favorable report. 

S.B. 196, a bill to require advertisements of textile products to disclose whether the 
products are imported or made in America, with a favorable report, as amended. 

H.B. 77, a bill to provide an alternate procedure for cancellation of a deed of 
trust, with an unfavorable report as to bill, but favorable as to Senate Committee Sub- 
stitute bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his 
further motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for Thursday, April 16 for further consideration. 

By Senator Staton for the Economic Growth Committee. 

S.B. 318, a bill to provide for the Statewide application of an act authorizing cer- 
tain counties and the municipalities therein to undertake economic development activi- 
ties, with a favorable report. 

On motion of Senator Staton, the bill is re-referred to the Finance Committee. 

By Senator Barnes for the Judiciary I Committee. 

H.B. 236 (Committee Substitute), a bill to provide that electric and telephone 
membership corporations may indemnify directors, officers, employees, or agents to 
the same extent as nonprofit corporations, with a favorable report, as amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee. 

S.B. 234, a bill to amend the Town of Rennert's Charter to provide for the Mayor 
to have the same right to vote as members of the Board of Commissioners, with a 
favorable report. 

H.B. 272, a bill to remove the limitation on the length of streets the Town of 
Troutman may make improvements on and assess for the cost without petition, with a 
favorable report. 

H.B. 301, a bill to clarify the corporate limits of the Town of Vandemere in Pam- 
lico County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Martin of Pitt: 

S.B. 394, a bill to provide for specialized plates for Pearl Harbor survivors. 
Referred to Transportation Committee. 

By Senator Martin of Pitt: 

S.B. 395, a bill creating a Veterans Cemetery Study Commission and appropriating 
funds for the study. 

Referred to Rules and Operation of the Senate Committee. 



April 14, 1987 



1987] SENATE JOURNAL 217 

By Senators Plyler, Allran, Barker, Basnight, Bryan, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Rand, 
Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Tally, 
Walker, Ward, and Warren: 

S.B. 396, a bill to name "milk" as the State beverage of North Carolina. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Goldston and Smith: 

S.B. 397, a bill to provide for driveway permit processes. 
Referred to Transportation Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 398, a bill to appropriate funds for operating expenses of the Diversified Op- 
portunities, Inc., an organization that provides rehabilitation services to the people in 
Wilson and surrounding areas. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 399, a bill to allow the County of Durham to adopt and comply with minimum 
minority and/or women's business enterprise requirements. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Martin of Pitt: 

S.B. 400, a bill to provide for an amendment to the Employment Security Law. 
Referred to State Government Committee. 

By Senators Goldston, Royall, and Smith: 

S.B. 401, a bill to authorize the Department of Transportation to participate in 
engineering and construction contracts with private developers for proposed state high- 
ways. 

Referred to Transportation Committee. 

By Senator Basnight: 

S.B. 402, a bill to authorize the Department of Transportation to negotiate con- 
tracts with utility companies. 

Referred to Transportation Committee. 

By Senator Ezzell: 

S.B. 403, a bill to provide for the cancellation of a money judgment by the Clerk of 
Court upon full payment by the debtor as recommended by the General Statutes Com- 
mission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 404, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senators Tally, Marvin, Rand, Sherron, Walker, and Ward: 

S.B. 405, a bill to exempt county-owned vehicles used primarily for transportation 
of clients of local health departments, county departments of social services or area 



April 14, 1987 



218 SENATE JOURNAL [Session 

mental health, mental retardation, and substance abuse authorities from the require- 
ment that they be marked. 

Referred to Transportation Committee. 

By Senators Tally and Rand: 

S.B. 406, a bill authorizing the appointment of a Special Board of Equalization and 
Review for Cumberland County. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Warren: 

S.B. 407, a bill to allow Sampson County and municipalities located therein to 
engage in economic development activities. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators McDuffie and Cobb: 

S.B. 408, a bill to annex certain property into the City of Charlotte and to ratify 
certain actions of the City of Charlotte. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Marvin, Conder, Hardison, Hunt of Moore, Plyler, Tally, Walker, 
and Ward: 

S.B. 409, a bill to prohibit retroactive modification of child support arrears and to 
establish child support arrears as a judgment by operation of law as required by federal 
law. 

Referred to Judiciary IV Committee. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills previously introduced. 

By Senator Barker: 

S.B. 217, a bill to promote economic development by authorizing tax credits for 
certain business investments. 

S.B. 223, a bill to appropriate funds to finance the removal of hazardous sub- 
stances, including poisons, corrosives, flammables, and explosives, from the schools 
of this State. 

S.B. 226, a bill to establish the Underground Storage Tank Remedial Action Fund. 

S.B. 227, a bill to make the Shad Boat the official State boat. 

S.B. 228, a bill to establish a Statewide AIDS Prevention and Education Program. 

S.J.R. 357, a joint resolution authorizing the Legislative Research Commission to 
study the feasibility of a Wellness Program for State Employees, including a physical 
fitness facility. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 202 (Committee Substitute), a bill authorizing the Senior Resident Superior 
Court Judge to require a judicial official to state the reasons for requiring a secured bail 
bond as a condition of pretrial release. 

The Committee Substitute bill passes its second reading (electronically recorded) . 



April 14, 1987 



1987] SENATE JOURNAL 219 

On objection of Senator Swain to its third reading, the Committee Substitute bill 
remains on the Calendar for tomorrow for further consideration, upon third reading. 

S.B. 239, a bill to make certain changes in the North Carolina Childhood Vaccine- 
Related Injury Compensation Program. 

Senator Taft offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Ezzell offers Amendment No. 2. After lengthy debate. Senator Ezzell calls 
the previous question, seconded by Senator Harris. The call is sustained. Amend- 
ment No. 2 fails of adoption (electronically recorded). 

Senator Martin of Guilford offers Amendment No. 3 which fails of adoption (elec- 
tronically recorded) . 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 215, a bill to raise the processing fee for bad checks, upon third reading with 
Amendment No. 2 pending. 

Pursuant to the point of order raised on Friday, April 10, by Senator Johnson of 
Wake, and taken under advisement, the Chair rules Amendment No. 2 not germane 
to the bill and it is consequently returned to Senator Thomas. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S.B. 55, a bill to limit interrogatories to 50 without prior court approval, for con- 
currence in House Amendments No. 1 and No. 2. 

On motion of Senator Sands, the Senate concurs (electronically recorded) in House 
Amendments No. 1 and No. 2, and the bill is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 170, an act to grant additional eminent domain powers to the Town of Apex 
for water and sewer lines and water and sewer treatment facilities. (Ch. 70) 

S.B. 292, an act to create the State Building Commission. (Ch. 71) 

H.B. 150, an act to require persons hunting big game to display on their person a 
minimum amount of hunter orange. (Ch. 72) 

On motion of Senator Harrington, seconded by Senator Warren, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



FORTY-EIGHTH DAY 

K r > ' Senate Chamber, 

Wednesday, April 15, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Roberts. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Horace Hamm, Minister of Fuquay-Varina Bap- 
tist Church, Fuquay-Varina. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 



April 15, 1987 



220 SENATE JOURNAL [Session 

The President grants a leave of absence to Senator Richardson for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 55, an act to limit interrogatories to 50 without prior court approval. (Ch. 73) 

S. J.R. 303, a joint resolution providing that the 1987 General Assembly shall meet 
for a day in the Town of Tarboro in honor of the Two Hundredth Anniversary of the 
1787 General Assembly Session meeting in Tarboro. (Res. 14) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee. 

S.B. 299, a bill to provide a special migratory waterfowl hunting license and to 
prescribe the penalty for migratory game bird violations, with a favorable report. 
On motion of Senator Tally, the bill is re-referred to the Finance Committee. 

By Senator Harris for the Human Resources Committee. 

S.B. 189, a bill concerning services to individuals with developmental disabilities, 
with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 225, a bill to amend the law regarding kindergarten health assessments, with a 
favorable report. 

S.B. 345, a bill to clarify the emergency medical technician certification process for 
out-of-state applicants, with a favorable report. 

H.B. 265, a bill to revise the duties of the Council on Developmental Disabilities, 
with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Goldston for the Transportation Committee. 

H.B. 207, a bill to create specialized registration plates for members of the Coast 
Guard Auxiliary, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Commit- 
tee. 

S.B. 300, a bill to allow both word messages and symbols to be used for pedestrian 
traffic control signals, with a favorable report. 

S.B. 302, a bill to change the sign message for exempt crossings, with a favorable 
report. 

S.B. 308, a bill to authorize traffic control measures by the Department of Trans- 
portation at major events, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Appropriations 
Committee. 



April 15, 1987 



1987] ^' SENATE JOURNAL 221 

By Senator Guy for the State Government Committee. 

Executive Order No. 35, TRANSFERRING THE STATE INFORMATION 
PROCESSING SERVICES (SIPS) TO THE OFFICE OF THE STATE CONTROL- 
LER. 

On motion of Senator Guy, Executive Order Number 35 is re-referred to the Ap- 
propriations Committee, for further review. 

By Senator Conder for the Children and Youtli Committee. 

S.J.R. 155, a joint resolution adopting the Child Mental Heahh Plan and the 
Youth Substance Abuse Plan as policy guidance for the development of services over 
the next ten years, with a favorable report. 

On motion of Senator Conder, the bill is re-referred to the Human Resources 
Committee. 

By Senator Kaplan for the Election Laws Committee. 

S.B. 333, a bill to repeal the mandatory seat belt law after a binding referendum, 
with an unfavorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Sherron: 

S.B. 410, a bill to authorize traffic lanes for rush hour traffic. 
Referred to Transportation Committee. 

By Senator Sherron: 

S.B. 411, a bill increasing the interest to be paid on partial license fees. 
Referred to Transportation Committee. 

By Senator Sherron: 

S.B. 412, a bill to modify the licensing of commercial truck drivers. 
Referred to Transportation Committee. 

By Senator Johnson of Cabarrus: 

S.B. 413, a bill to allow the issuance of beer/wine permits for certain recreation/ 
sports districts. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Johnson of Cabarrus: 

S.B. 414, a bill to amend the 1971 Session Laws, Chapter 860, Section 12, to 
delete the Town of Matthews with specific territorial jurisdiction as granted by General 
Statute Section 160 A Article 19. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Cobb, Johnson of Cabarrus, McDuffie, and Richardson: 

S.B. 415, a bill relating to leasing and renting of the Charlotte Auditorium-Coli- 
seum-Convention Center-Baseball Stadium Authority properties and facilities. 
Referred to Local Government and Regional Affairs II Committee. 



April 15, 1987 



222 SENATE JOURNAL [Session 

By Senators Cobb, Conder, and Martin of Guilford: 

S.B. 416, a bill to provide for continuing participation in the 1990 Redistricting 
Data Program of the U.S. Bureau of the Census. 
Referred to Election Laws Committee. 

By Senator Guy: 

S.B. 417, a bill making technical and clarifying amendments to the revenue laws. 
Referred to Finance Committee. 

By Senator Harrington: 

S.B. 418, a bill to appropriate funds for a Principles of Technology Demonstration 
Program. 

Referred to Appropriations Committee. 

By Senators Kincaid and Simpson: 

S.B. 419, a bill to incorporate Grandfather Village, subject to a referendum. 
Referred to Local Government and Regional Affairs II Committee. 

By Senator Harris: 

S.B. 420, a bill to regulate the practice of Dietetics/Nutrition. 
Referred to Human Resources Committee. 

By Senator Staton: 

S.B. 421, a bill to permit all cities to participate in downtown development pro- 
jects. 

Referred to Economic Growth Committee. , . 

By Senator Soles: 

S.B. 422, a bill to amend the Business Corporation Act to provide for the protection 
of public shareholders of North Carolina organized corporations from being coerced by 
certain business combination practices and to be designated the North Carolina Share- 
holder Protection Act. 

Referred to Judiciary IV Committee. 

By Senators Sands and Goldston: 

S.B. 423, a bill to revise and consolidate the Charter of the Town of Elkin. 
Referred to Local Government and Regional Affairs II Committee. 

By Senators Barnes, Thomas, and Winner: 

S.B. 424, a bill to create a Study Commission on State Parks and Recreation Ar- 
eas. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Barnes, Thomas, and Winner: ' ' '' 

S.B. 425, a bill to establish the purposes of the State Parks System. 
Referred to Judiciary I Committee. 

By Senator Martin of Pitt: 

S.B. 426, a bill to appropriate funds for the relocation of the Country Doctor Mu- 
seum from Bailey to Wilson. 

Referred to Appropriations Committee. 



April 15, 1987 



1987] SENATE JOURNAL 223 

By Senator Somers: 

S.B. 427, a bill to provide that murder committed while engaged in drug trafficking 
is an aggravating circumstance in determining whether to impose the death sentence 
on a convicted defendant. 

Referred to Judiciary III Committee. 

By Senator Barnes: 

S.B. 428, a bill to provide that interest shall be at the legal rate on judgments in 
actions for breach of a contract extending credit for personal, family, household, or 
agricultural purposes. 

Referred to Judiciary I Committee. 

By Senators Warren, Martin of Guilford, and Ward: 

S.B. 429, a bill to regulate conversion of institutions in the Community College 
System. 

Referred to Higher Education Committee. 

By Senators Seymour and Rand: 

S.B. 430, a bill to make technical changes to the ABC Statutes. 
Referred to Alcoholic Beverage Control Committee. 

By Senator Seymour: 

S.B. 431, a bill to authorize the ABC Commission to close an insolvent ABC sys- 
tem. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Seymour, Walker, Marvin, Tally, and Ward: 

S.B. 432, a bill to provide for the regulation of the practice of counseling and the 
licensure of counselors. 

Referred to Judiciary I Committee. 

By Senators Martin of Guilford, Ward, and Warren: 

S.B. 433, a bill to modify the North Carolina State Education Assistance Author- 
ity. 

Referred to Higher Education Committee. 

By Senator Smith: 

S.B. 434, a bill to establish the Public School Facilities Loan Fund, to authorize the 
issuance of $1.5 billion dollars in bonds of the State, subject to approval by the quali- 
fied voters of the State at a bond election, to provide funds for public school facilities 
through loans to counties, and to amend certain general and special laws. 

Referred to Economic Growth Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

f ■•'■ ■ - 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.J.R. 273, a joint resolution to honor the life and memory of Lee Jackson Greer, 
Jr. 

On motion of Senator Soles, the rules are suspended, and the joint resolution is 
placed on the Calendar for today. 



April 15, 1987 



224 SENATE JOURNAL [Session 

H.B. 282, a bill to revise and consolidate the Charter of the Town of Lake Lure. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 314, a bill to revise and consolidate the Charter of the Town of Wallace. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 327, a bill to modify Winston-Salem's power of eminent domain. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 338, a bill to annex additional territory to the Town of Fallston. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 339, a bill to make permanent a temporary act allowing electrofishing for 
catfish in a portion of the Cape Fear River in Bladen County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 344, a bill to permit taking crows with the aid of electronic calling devices. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 360, a bill to permit the taking of foxes in Beaufort County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 427, a bill to limit the use of fish traps to take nongame fish in inland fishing 
waters in certain counties. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 75 (Committee Substitute), a bill providing for election of the Pitt County 
Board of Education. 

Referred to Election Laws Committee. 

H.B. 381, a bill to authorize Pasquotank County and the City of Elizabeth City to 
levy occupancy taxes. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 272, a bill to remove the limitation on the length of streets the Town of 
Troutman may make improvements on and assess for the cost without petition, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guil- 
ford, Marvin, Parnell, Plyler, Rand, Rauch, Royall, Sands, Seymour, Shaw, Sher- 
ron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

H.B. 301, a bill to clarify the corporate limits of the Town of Vandemere in Pam- 
lico County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 1, as follows: 
Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of 



April 15, 1987 



1987] . SENATE JOURNAL 225 

Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin 
of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, and Warren — 44. 

Voting in the negative: Senator Winner — 1. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 234, a bill to amend the Town pf Rennert's Charter to provide for the Mayor 
to have the same right to vote as members of the Board of Commissioners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 221, a bill to increase the interest rate applicable to In Rem property tax fore- 
closures and to permit a taxing unit to collect administrative costs incurred in these 
foreclosures, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Royall, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Win- 
ner — 47. 

Voting in the negative: Senator Sands — 1. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 196, a bill to require advertisements of textile products to disclose whether the 
products are imported or made in America. 

On motion of Senator Kaplan, Committee Amendments No. 1 and No. 2 are 
adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Kaplan to its third reading, the bill, as amended, remains 
on the Calendar for tomorrow for further consideration. 

S.B. 327, a bill to make the child support expedited process conform with federal 
and State law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 328, a bill to amend the structural pest control law to provide for civil penal- 
ties, applicator training and staggered licensing. 

Senator Rand offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Rauch objects to the third reading of the bill, as amended, which objection 
he subsequently withdraws. The bill, as amended, passes its third reading and is 
ordered engrossed and sent to the House of Representatives. 

H.B. 236 (Committee Substitute), a bill to provide that electric and telephone 
membership corporations may indemnify directors, officers, employees, or agents to 
the same extent as nonprofit corporations. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 



April 15, 1987 



226 SENATE JOURNAL [Session 

H.J.R. 273, a joint resolution to honor the life and memory of Lee Jackson Greer, 
Jr. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

S.B. 202 (Committee Substitute), a bill authorizing the Senior Resident Superior 
Court Judge to require a judicial official to state the reasons for requiring a secured bail 
bond as a condition of pretrial release, upon third reading. 

Senator Swain, seconded by Senator Harris, offers a motion that the Committee 
Substitute bill do lie upon the table, which motion fails to prevail (electronically re- 
corded) . 

The Committee Substitute bill passes its third reading (electronically recorded) and 
is ordered sent to the House of Representatives. 

S.B. 273, a bill to change the hours that water skiing and similar activities are 
prohibited. 

Senator Simpson offers Amendment No. 1 which is adopted (electronically re- 
corded) . 

Senator Daniel, seconded by Senator Harrington, offers a motion that the bill, as 
amended, do lie upon the table, which motion prevails. The bill, as amended, lies 
upon the table. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hipps for the Constitution Committee. 

S.B. 149, a bill to amend the Constitution and the General Statutes to change the 
method of selecting the members of the State Board of Education and to make the 
office of the Superintendent of Public Instruction appointive, with an unfavorable re- 
port as to bill but favorable as to the Committee Substitute bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Hipps, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 16, for further consideration. 

On motion of Senator Harrington, seconded by Senator Barnes, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



FORTY-NINTH DAY 

Senate Chamber, 
Thursday, April 16, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of the Table, we thank Thee for the Passover table which reminds us of the 
passing over of the death angel and the deliverance of Thy people from bondage. 
Grant us Thy protection, we pray, and inspire us like Moses to be a spokesperson for 
the oppressed. 



April 16, 1987 



1987] SENATE JOURNAL 227 

"O Lord of the Loaf, we thank Thee for the remembrance of this day when Jesus of 
Nazareth broke bread with His disciples and said, 'A new commandment I give unto 
you, that you love one another even as I have loved you.' 

"Inspire us to love the Members of this Chamber, the members of our local congre- 
gations, and all Your children with that kind of affirming love with which Jesus loved 
his disciples, to the end that they may be inspired and equipped to be and do their 
best. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Johnson of Wake for today. 

The President extends courtesies of the gallery to Timothy H. McDowell, former 
Senator from Alamance County, and to Carolyn Mathis, former Senator from Meck- 
lenburg County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Kaplan for the Election Laws Committee. 

H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately, with a favorable report. 

H.B. 232, a bill to require training of special registration commissioners, with a 
favorable report. 

H.B. 263, a bill to amend the Presidential Preference Primary Act to account for 
the change in its date, with a favorable report. 

H.B. 126, a bill to regulate the adoption of voting systems by local governments, 
with a favorable report, as amended. 

By Senator Martin of Pitt for the Manufacturing and Labor Committee. 

H.B. 229, a bill to provide for an increased State minimum wage if the federal 
minimum wage increases before June 1, 1989, with a favorable report. 

On motion of Senator Martin of Pitt, the bill is placed on the Calendar for Tuesday, 
April 21. 

m INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator McDuffie: 

S.B. 435, a bill to authorize Mecklenburg County to provide notice by publication 
for amendments to the zoning ordinance. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 436, a bill to authorize Mecklenburg County to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations. 

Referred to Local Government and Regional Affairs I Committee. 



April 16, 1987 



228 SENATE JOURNAL [Session 

By Senator McDuffie: 

S.B. 437, a bill to authorize Mecklenburg County to require dedication of recrea- 
tional areas and facilities as a condition to permit approval. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 438, a bill relating to zoning in Mecklenburg County and the City of Charlotte. 
Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 439, a bill to authorize the Charlotte-Mecklenburg Planning Commission to 
hold the public hearing for amendments to zoning boundaries and maps and major 
planned development permits. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 440, a bill to authorize Mecklenburg County to file with the register of deeds a 
notice of special conditions attached to the zoning of the property. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 441, a bill to authorize Mecklenburg County to provide notice by publication 
for a comprehensive zoning reclassification. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 442, a bill to authorize the City of Charlotte to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: ^ ^ ^ 

S.B. 443, a bill to authorize the City of Charlotte to provide notice by publication 
for amendments to the zoning ordinance. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 444, a bill to authorize the City of Charlotte to provide notice by publication 
for a comprehensive zoning reclassification. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 445, a bill to authorize the City of Charlotte to require dedication of recrea- 
tional areas and facilities as a condition to permit approval. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 446, a bill to authorize a majority vote of the zoning board of adjustment for 
the City of Charlotte. ^ 

Referred to Local Government and Regional Affairs I Committee. 



April 16, 1987 



1987] SENATE JOURNAL 229 

By Senator McDuffie: 

S.B. 447, a bill to amend G.S. 160A-381 to authorize the City of Charlotte to file 
with the register of deeds a notice of special conditions attached to the zoning of the 
property. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 448, a bill to authorize the City of Charlotte and Mecklenburg County to cre- 
ate a development code enforcement board. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Ezzell: 

S.B. 449, a bill to authorize and to regulate the withdrawal or transfer of an as- 
sumed name as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senators Ezzell and Martin of Pitt: t 

S.B. 450, a bill to appropriate funds to help defray costs of expanding the parking 
area of Tri-County Industries. 

Referred to Appropriations Committee. 

By Senators Simpson and Kincaid: 

S.B. 451, a bill to provide that the North Carolina Supreme Court may not consider 
in its review of a death penalty case whether the sentence imposed is disproportionate 
to the penalty imposed in similar cases. 

Referred to Judiciary IV Committee. 

By Senators Sands and Harris: 

S.B. 452, a bill to repeal the mandatory seat belt law after a binding referendum. 
Referred to Election Laws Committee. 

By Senator Barnes: 

S.B. 453, a bill to allocate funds for the Greene County satellite of Lenoir Commu- 
nity College. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 454, a bill to provide for elections of the Avery County Board of Education, 
and a different means of staggering the terms. 
Referred to Education Committee. 

By Senator Kincaid: 

S.B. 455, a bill to incorporate the Town of Sawmills, and provide for the simulta- 
neous dissolution of the Sawmills Sanitary District, subject to a referendum. 
Referred to Local Government and Regional Affairs II Committee. 

By Senators Cobb, Allran, Bryan, Johnson of Cabarrus, Kincaid, McDuffie, Shaw, 
Simpson, Smith, and Somers: 

S.B. 456, a bill to amend the Constitution to secure to the Governor the power of 
veto. 

Referred to Constitution Committee. 



April 16, 1987 



230 SENATE JOURNAL [Session 

By Senator Swain: 

S.B. 457, a bill to amend the Private Protective Services Act. 
Referred to Judiciary III Committee. 

By Senator Barker: 

S.B. 458, a bill to require the Town of Bridgeton to share with the First Craven 
Sanitary District sales tax proceeds earmarked for water and sewer costs. 
Referred to Finance Committee. 

By Senator Barker: 

S.B. 459, a bill to allow North Carolina commercial fishermen to form Hull and 
Protection and Indemnity Clubs to which the general insurance laws do not apply. 
Referred to Insurance Committee. 

By Senators Thomas and Hipps: 

S.B. 460, a bill concerning staggered terms for the Town of Laurel Park. 
Referred to Local Government and Regional Affairs II Committee. 

By Senator Johnson of Wake: 

S.B. 461, a bill to provide immunity from punitive damages for political subdivi- 
sions. 

Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 462, a bill to provide for standards for long-term care insurance. 
Referred to Insurance Committee. , 

By Senator Johnson of Wake: 

S.B. 463, a bill to provide for standards for financial guaranty insurance. 
Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 464, a bill to make corrections to and improvements in laws dealing with com- 
mercial property and liability insurance; and to amend the local government Risk Pool 
Act to provide for comprehensive financial monitoring of pools by the Commissioner 
of Insurance. 

Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 465, a bill to improve the solvency protection of health maintenance organiza- 
tions. 

Referred to Insurance Committee. 

By Senator Johnson of Wake (by request) : 

S.B. 466, a bill to extend the sunset provision in the Risk Sharing Plan Act of 1986. 
Referred to Insurance Committee. 

By Senator Johnson of Wake (by request) : 

S.B. 467, a bill to provide for reimbursement to the State for costs of consultants 
retained for reviewing insurance rate filings and certain classification plans; and to 
provide for the return of certain filings that do not meet statutory requirements. 

Referred to Insurance Committee. 



April 16, 1987 



1987] SENATE JOURNAL 231 

By Senator Johnson of Wake: 

S.B. 468, a bill to extend the exemption from the insurance law of manufacturer 
and seller warranties to all goods. 
Referred to Insurance Committee. 

By Senators Barnes, Hipps, Thomas, and Winner: 

S.B. 469, a bill to establish an Adopt-A-Trail Program under the Division of Parks 
and Recreation in the Department of Natural Resources and Community Develop- 
ment. 

Referred to Appropriations Committee. 

By Senators Barnes, Barker, Hunt of Moore, Parnell, Smith, Somers, Tally, 
Thomas, and Winner: 

S.B. 470, a bill to appropriate funds for regional coordinators for the Trails Pro- 
gram. 

Referred to Appropriations Committee. 

By Senators Barnes, Barker, Hipps, Martin of Guilford, Seymour, Smith, Somers, 
Tally, Thomas, and Winner: 

S.B. 471, a bill to limit the liability of landowners to persons using their land in 
connection with the Trails System. 
Referred to Judiciary I Committee. 

By Senators Plyler and Conder: 

S.R. 472, a Senate resolution honoring the service of J. Robert Gordon to the North 
Carolina Wildlife Resources Commission and proclaiming the designation of the J. 
Robert Gordon Sandhills Field Trial Area in recognition of his service. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler and Conder: 

S.B. 473, a bill to authorize Union County to adopt a unified land use ordinance, 
allow the Board of Adjustment to act by majority vote, authorize the Planning Board to 
issue permits, and require challenges to zoning amendments to be brought within sixty 
days. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Ward and Kaplan: 

S.J.R. 474, a joint resolution honoring the life and memory of Carl Daniel 
Totherow, a former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Hardison and Harris: 

S.B. 475, a bill to make certain changes in the involuntary commitment of sub- 
stance abusers. 

Referred to Human Resources Committee. 

By Senator Goldston: 

S.B. 476, a bill to amend Chapter 44 A, Article 3, to require prompt payment by 
bonding companies and to extend the filing time. 
Referred to State Government Committee. 



April 16, 1987 



232 SENATE JOURNAL [Session 

By Senators Kaplan and Ward: 

S.B. 477, a bill to appropriate funds for the support of North Carolina Dance 
Theatre's development of increased activities in North Carolina. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 478, a bill to rename the Airport Commission of Forsyth County the Airport 
Authority of Forsyth County, to expand its membership, to grant it the power of emi- 
nent domain, and to clarify its authority to incur debt. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Rand: 

S.B. 479, a bill to permit the issuance of brown-bagging permits to veterans organi- 
zations. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Rand, Barker, Block, Daniel, and Hipps: 

S.B. 480, a bill to permit real estate license surrender, to simplify recovery fund 
claims, and to make certain violations of the Time Share Act criminal offenses. 
Referred to Judiciary IV Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Daniel, Goldston, Guy, Har- 
rington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin 
of Pitt, Martin of Guilford, Pamell, Plyler, Rauch, Sands, Seymour, Soles, Speed, 
Staton, Walker, Warren, and Winner: 

S.B. 481, a bill to provide members of boards of directors of nonprofit corporations 
with immunity from certain lawsuits. 
Referred to Judiciary I Committee. 

By Senators Conder, Cobb, and Martin of Guilford: 

S.B. 482, a bill to eliminate the requirement that the county board of elections must 
approve the withdrawal of any candidate in a single county election. 
Referred to Election Laws Committee. 

By Senators Conder, Cobb, and Martin of Guilford: 

S.B. 483, a bill to provide for purging the voter registration of persons after each 
non-presidential general election who failed to vote in the second preceding presiden- 
tial election, and to make it easier for persons to remain voters if they fail to vote. 

Referred to Election Laws Committee. 

By Senators Walker and Thomas: 

S.B. 484, a bill to exempt coin-operated laundries from sales tax. 
Referred to Finance Committee. 

By Senators Parnell, Guy, Harrington, Hunt of Durham, Martin of Pitt, Martin of 
Guilford, Rand, and Speed: 

S.B. 485, a bill to appropriate funds for maintenance of the boll weevil eradication 
program. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 486, a bill to levy a severance tax on the mining of phosphate rock. 
Referred to Finance Committee. 



April 16, 1987 



1987] SENATE JOURNAL 233 

By Senator Barnes: 

S.B. 487, a bill to make certain military motor vehicle convictions count towards 
civilian drivers license suspensions and revocation. 
Referred to Judiciary I Committee. 

By Senators Tally, Seymour, and Walker: 

S.B. 488, a bill to extend the terms of office of trustees in the Community College 
System and to provide for staggered terms of appointments. 
Referred to Higher Education Committee. 

By Senator Rauch: 

S.B. 489, a bill to expand and clarify the investment authority of the State Treas- 
urer. 

Referred to Pensions and Retirement Committee. 

By Senators Rauch and Martin of Pitt: 

S.B. 490, a bill to authorize cities and counties to levy occupancy taxes. 
Referred to Finance Committee. 

By Senators Rauch and Hardison: 

S.B. 491, a bill to limit the costs to be assessed for the support of the General Court 
of Justice in the administration of estates to three thousand dollars, regardless of the 
value to the gross estate. 

Referred to Finance Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 492, a bill to authorize municipalities within Gaston County to enter into 
agreements concerning annexations. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Rauch: 

S.B. 493, a bill to exempt premiums received pursuant to certain deferred compen- 
sation plans from gross premiums tax. 
Referred to Finance Committee. 

By Senator Hunt of Moore: 

S.B. 494, a bill to ensure that the hearing- and speech-impaired have access to 
basic telephone service. 

Referred to Commerce Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 57 (Committee Substitute), a bill to create the North Carolina Crime Victims 
Compensation Fund and to clarify the North Carolina Crime Victims Compensation 
Act. 

Referred to Judiciary I Committee. 

H.B. 288, a bill regarding registration of leased vehicles. 
Referred to Transportation Committee. 



April 16, 1987 



234 SENATE JOURNAL [Session 

H.B. 323, a bill to require that rabies vaccination clinics be offered at least annu- 
ally rather than quarterly. 

Referred to Human Resources Committee. 

H.B. 359, a bill to provide that a dealer is not required to keep sales records of 
pistol cartridges. 

Referred to Judiciary I Committee. 

H.B. 403, a bill to change the method by which property owned by a nonprofit 
homeowners' association is taxed. 
Referred to Finance Committee. 

H.B. 444, a bill to raise the level of expenditure on public building projects on 
which informal competitive bid procedures may be used. 
Referred to State Government Committee. 

H.B. 462, a bill making a technical amendment to the Revenue Laws. 
Referred to Finance Committee. 

H.B. 469, a bill to authorize Clay, Graham, Jackson, and Macon Counties to cre- 
ate travel and tourism authorities and to remit the county occupancy tax proceeds to 
the Authorities to promote travel and tourism. 

Referred to Local Government and Regional Affairs H Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. J.R. 273, a joint resolution to honor the life and memory of Lee Jackson Greer, 
Jr. (Res. 15) , ,, , 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee. 

S.B. 422, a bill to amend the Business Corporation Act to provide for the protection 
of public shareholders of North Carolina organized corporations from being coerced by 
certain business combination practices and to be designated the North Carolina Share- 
holder Protection Act, with a favorable report. 

On motion of Senator Soles, the bill is placed on the Calendar for Tuesday, April 
21. 

S.B. 306, a bill to promote the use of affordable housing and to provide for fair 
zoning regulation of residential manufactured homes and for taxation of manufactured 
homes as real property, with a favorable report, as amended. 

On motion of Senator Soles, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion. Committee Amend- 
ments No. 1 and No. 2 are adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 

By Senator Barnes for the Judiciary I Committee. 

H.B. 129, a bill to clarify the provisions of G.S. 31-42 relating to the devolution of 
a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission, with a favorable report. 



April 16, 1987 



1987] SENATE JOURNAL 235 

H.B. 130, a bill to make technical amendments to the power of attorney statutes as 
recommended by the General Statutes Commission, with a favorable report. 

H.B. 131, a bill to repeal certain inconsistent statutes and to clarify other statutes 
regarding the testimony of witnesses to prove the proper execution of an attested will as 
recommended by the General Statutes Commission, with a favorable report. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 272, a bill to remove the limitation on the length of streets the Town of 
Troutman may make improvements on and assess for the cost without petition, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner~48. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 301, a bill to clarify the corporate limits of the Town of Vandemere in Pam- 
lico County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 221, a bill to increase the interest rate applicable to In Rem property tax fore- 
closures and to permit a taxing unit to collect administrative costs incurred in these 
foreclosures, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 149 (Committee Substitute), a bill to amend the Constitution and the General 
Statutes to change the method of selecting the members of the State Board of 
Education and to make the office of the Superintendent of Public Instruction appoint- 
ive, upon second reading. 

Senator Cobb offers Amendment No. 1 which changes the title to read, S.B. 149 
(Committee Substitute) , a bill to amend the Constitution and the General Statutes to 
change the term of the members of the State Board of Education and to make the 
office of the Superintendent of Public Instruction appointive. 



April 16, 1987 



236 SENATE JOURNAL [Session 

Senator Warren, seconded by Senator Winner, offers a motion that Amendment 
No. 1 do lie upon the table, which motion prevails (electronically recorded). Amend- 
ment No. 1 lies on the table. 

Having received a three-fifths majority affirmative vote, the Committee Substitute 
bill passes its second roll-call reading, ayes 42, noes 7, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Martin of Pitt, Martin of Guil- 
ford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 42. 

Voting in the negative: Senators Allran, Bryan, Cobb, Kincaid, Sands, Simpson, 
and Somers — 7. 

Without objection, the Committee Substitute bill remains before the Senate upon 
third reading. 

Having received a three-fifths majority affirmative vote, the Committee Substitute 
bill passes its third roll-call reading, ayes 44, noes 5, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: Senators Cobb, Kincaid, McDuffie, Simpson, and Somers. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

S.B. 225, a bill to amend the law regarding kindergarten health assessments. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 300, a bill to allow both word messages and symbols to be used for pedestrian 
traffic control signals. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 302, a bill to change the sign message for exempt crossings. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 345, a bill to clarify the emergency medical technician certification process for 
out-of-state applicants. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 77 (Senate Committee Substitute), a bill to provide an alternate procedure 
for cancellation of a deed of trust. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded) . 

Senator Cobb objects to the third reading of the Senate Committee Substitute bill, 
which objection he subsequently withdraws. 

The Senate Committee Substitute bill passes its third reading and is ordered sent to 
the House of Representatives for concurrence in the Senate Committee Substitute bill. 

S.B. 196, a bill to require advertisements of textile products to disclose whether the 
products are imported or made in America, as amended, upon third reading. 

Senator Kaplan offers Amendment No. 3 which is adopted (electronically re- 
corded). . ,,v 



April 16, 1987 



1987] SENATE JOURNAL 237 

The bill, as amended, passes its third reading (electronically recorded), and is or- 
dered engrossed and sent to the House of Representatives. 

H.B. 217, a bill to provide for the establishment of a commission to erect a monu- 
ment to the veterans of World War I, World War II, and the Korean War, upon third 
reading. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

On motion of Senator Royall, the bill, as amended, is re-referred to the Appro- 
priations Committee. 

On motion of Senator Harrington, seconded by Senator Soles, the Senate adjourns 
to meet tomorrow at 10:00 A.M. 



FIFTIETH DAY 

Senate Chamber, 
"- ' ' . \ Friday, April 17, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Forgiveness, we thank Thee for the atonement experienced by the He- 
brew People through the scapegoat, in days of old, who carried the sins of the people 
into the wilderness. 

"And we thank Thee for the atonement experienced by Christians through the death 
of Jesus Christ upon a cross on Good Friday. 

"Regardless of our faith, forgive us this day for all of our sins against You, against 
one another, and against others. And give to each of us a forgiving heart. Deliver us 
from holding grudges and give us grace like Joseph in the Old Testament and like Jesus 
in the New Testament to forgive all those who have wronged us. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Allran, Kaplan, and Soles for 
today. 

The President extends courtesies of the floor to Katherine H. Sebo, former member 
of the Senate from Guilford County. 

^ ^ ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 301, an act to clarify the corporate limits of the Town of Vandemere in Pam- 
lico County. (Ch. 74) 

H.B. 272, an act to remove the limitation on the length of streets the Town of 
Troutman may make improvements on and assess for the cost without petition. (Ch. 
75) 

S.B. 93, an act to permit persons to engage in business as pawnbrokers in unincor- 
porated areas of Iredell County. (Ch. 76) 



April 17, 1987 



238 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Warren for the Education Committee: 

S.B. 251, a bill to allow local boards of education to purchase buses and minibuses 
for the transportation of children with special needs, with a favorable report. 

S.B. 249, a bill to amend the special education hearings process, with a favorable 
report, as amended. 

On motion of Senator Warren, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. The bill, as amended, is ordered engrossed and re-referred to 
the Finance Committee. 

S.B. 298, a bill to establish in North Carolina public schools the capability to pro- 
vide distance learning by satellite, with a favorable report, as amended. 

On motion of Senator Warren, the rules are suspended and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. The bill, as amended, is ordered engrossed and re-referred to 
the Appropriations Committee. 

By Senator Winner for the Environment Committee: 

H.B. 368, a bill to extend certain deadlines applicable to the North Carolina Haz- 
ardous Waste Treatment Commission, with a favorable report. 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 350, a bill to establish a time frame for filing appeals of administrative penalty 
assessments, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Plyler and Rauch: 

S.B. 495, a bill to provide assistance dogs for the handicapped. '-'^ •' 
Referred to Human Resources Committee. 

By Senators Plyler, Conder, and Taft: 

S.B. 49(5, a bill to amend the enabling legislation of the North Carolina State Ports 
Authority to make certain technical and conforming amendments. 
Referred to Economic Growth Committee. 

By Senators Plyler, Conder, and Rand: 

S.B. 497, a bill to appropriate funds to the Department of Justice for additional 
personnel to enforce the Motor Fuels Marketing Act. 
Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 498, a bill to appropriate planning funds for the renovation of and an addition 
to Scott Hall at North Carolina State University. 
Referred to Appropriations Committee. 



AprU 17, 1987 



1987] SENATE JOURNAL 239 

By Senators Rand and Rauch: 

S.B. 499, a bill to appropriate funds to the Department of Community Colleges for 
the silver anniversary of the Community College System. 
Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 500, a bill to remove territory from the Town of Hudson and add it to the City 
of Lenoir. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Cobb: 

S.B. 501, a bill to expand the Department of Administration's authority to remove 
unauthorized vehicles from all State-Owned public grounds within the department's 
jurisdiction. 

Referred to Transportation Committee. 

By Senators Swain, Harris, and Winner: 

S.B. 502, a bill to provide that he state retirement is not marital property available 
for equitable distribution. 

Referred to Judiciary III Committee. 

By Senator Barker: 

S.B. 503, a bill to prohibit hunting on Alligator Lake in Hyde County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Soles: 

S.B. 504, a bill to appropriate funds for construction of irrigation systems at the 
Piedmont and Border Belt Tobacco Research Stations. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 505, a bill to provide for the use of a facsimile signature and seal by the Secre- 
tary of State. 

Referred to State Government Committee. 

By Senator Winner: 

S.B. 506, a bill to make various changes in the law relating to registers of deeds. 
Referred to Judiciary IV Committee. 

By Senators Bryan and Cobb: 

S.B. 507, a bill to repeal the statute establishing the Human Tissue Advisory Coun- 
cil. 

Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 508, a bill to amend the assessment procedures for defendants sentenced for 
driving while impaired. 

Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 509, a bill to increase the immediate civil license revocation for certain per- 
sons charged with implied-consent offenses from ten days to thirty days and for certain 
other persons from thirty days to sixty days. 

Referred to Judiciary III Committee. >^ J 



April 17, 1987 



240 SENATE JOURNAL [Session 

By Senators Martin of Guilford and Warren: 

S.B. 510, a bill to transfer responsibility for licensing and supervision of proprietary 
schools from the State Board of Education to the State Board of Community Colleges. 
Referred to Higher Education Committee. 

By Senator Johnson of Wake: 

S.B. 511, a bill to make technical corrections to the insurance law. 
Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 512, a bill to provide for the registration and regulation of third party adminis- 
trators of life and health insurance. 
Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 513, a bill to make various substantive changes and improvements in the in- 
surance laws and to expressly authorize the recodification of insurance and related 
laws. 

Referred to Insurance Committee. 

By Senator Sherron: 

S.B. 514, a bill authorizing the combined municipalities of Apex, Holly Springs 
and Fuquay-Varina to establish an airport authority for the purpose of acquiring 
lands, constructing and operating an airport and vesting in said airport authority all 
powers set out in Chapter 63 of the General Statutes of North Carolina. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Sherron: 

S.B. 515, a bill to direct the Governor to declare a hazardous driving day in a 
designated county when the Governor determines that weather conditions will render 
driving in the county sufficiently hazardous to warrant closing State offices. 

Referred to State Personnel Committee. 

By Senator Sherron: 

S.B. 516, a bill to require the office of State Personnel to provide legal counsel to a 
State employee who has initiated a grievance proceeding or is preparing to initiate a 
grievance proceeding unless the employee's claim is determined to be frivolous. 

Referred to State Personnel Committee. 

By Senators Smith and Harris: 

S.B. 517, a bill providing for protecting the public from inactive hazardous sub- 
stance and waste disposal sites and other purposes. 
Referred to Environment Committee. 

By Senator Smith: 

S.B. 518, a bill to revise and consolidate the charter of the City of Salisbury and to 
repeal prior charter acts. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Smith: 

S.B. 519, a bill relating to the appointment of members of the Lexington City 
Board of Education. 

Referred to Education Committee. 



April 17, 1987 



1987] SENATE JOURNAL 241 

By Senator Somers: 

S.B. 520, a bill to authorize Rowan County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senator Marvin: 

S.B. 521, a bill to specify the protective services that shall be available to abused, 
neglected, or dependent children and their families. 
Referred to Judiciary IV Committee. 

By Senator Hunt of Moore: 

S.J.R. 522, a joint resolution honoring the centennial of the Town of Southern 
Pines and the memory of its founders. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Hardison, Barnes, Guy, Harris, Hunt of Moore, Marvin, McDuffie, 
Rauch, Richardson, Seymour, and Tally: 

S.B. 523, a bill to appropriate funds to the Florence Crittenton Services, Inc. 
Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 524, a bill to more explicitly authorize true-ups of prudently incurred fuel costs 
in electric utility ratemaking. 

Referred to Commerce Committee. 

By Senator Warren: 

S.B. 525, a bill to provide a supplemental retirement fund for firemen in the Town 
of Selma and to modify the application of G.S. 118-5, G.S. 118-6, and G.S. 118-7 
to the Town of Selma. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Harris: 

S.B. 526, a bill to clarify that an action by a parent or supervisor of a child which 
creates a substantial risk of physical injury to the child by means that are not acciden- 
tal is felony child abuse. 

Referred to Judiciary III Committee. 

By Senator Ward: 

S.B. 527, a bill to clarify leave provisions for public school employees. 
Referred to Education Committee. 

By Senator Barnes: 

S.B. 528, a bill to increase the penalty for hunting deer with dogs in Wayne 
County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Ward: 

S.B. 529, a bill to permit the City of Winston-Salem to collect a motor vehicle tax 
of not more than twenty dollars. 
Referred to Finance Committee. 



April 17, 1987 



242 SENATE JOURNAL [Session 

By Senator Taft and Martin of Pitt: 

S.B. 530, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senator Taft and Simpson: 

S.B. 531, a bill to officially establish and provide funds to the State Auditor's Of- 
fice for the operation of a telephone hotline to receive reports of fraud, waste, and 
abuse in state government. 

Referred to State Personnel Committee. 

By Senators Barnes, Martin of Guilford, Thomas, and Winner: 

S.B. 532, a bill to appropriate funds for land acquisition and capital improvement 
projects at State Parks and Recreation Areas. 
Referred to Appropriations Committee. 

By Senators Barnes, Thomas, and Winner: 

S.B. 533, a bill to provide that fees collected at State Parks be in addition to budg- 
etary appropriations. 

Referred to Finance Committee. 

By Senators Barnes, Thomas, and Winner: 

S.B. 534, a bill to establish a trust fund for the State Parks and Recreation Areas to 
purchase land and fund capital improvements and operations. 
Referred to Appropriations Committee. 

By Senator Smith: ; - ^ 

S.B. 535, a bill to amend the fee schedule for hazardous waste facilities. 
Referred to Finance Committee. 

By Senator Sands: 

S.B. 536, a bill to provide for the termination of certain railroad rights of way. 
Referred to Local Government and Regional Affairs II Committee. 

By Senators Warren and Rand: 

S.B. 537, a bill to appropriate funds for additional assistant principals and secre- 
taries. 

Referred to Education Committee. . *, . .. 

By Senator Hunt of Moore: 

S.B. 538, a bill to appropriate funds to provide state funding for migrant education. 
Referred to Appropriations Committee. iivijs" /< 

By Senators Rand and Rauch: 

S.B. 539, a bill to provide for confidentiality of medical database information. 
Referred to Judiciary IV Committee. 

By Senators Martin of Pitt and Rauch: '^ 

S.J.R. 540, a joint resolution honoring the memory of H. Vinson Bridgers, former 
State Senator. 

Referred to Rules and Operation of the Senate Committee. 



April 17, 1987 



1987] SENATE JOURNAL 243 

By Senator Goldston: 

S.B. 541, a bill to amend Chapter 20 of the General Statutes to provide for the 
compensation for stress for overloaded vehicles on posted bridges. 

Referred to Transportation Committee. ' 

By Senator Goldston: 

S.B. 542, a bill to appropriate funds to the Department of Community Colleges to 
operate the Proprietary Schools Services Program. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S.B. 543, a bill to exempt highway construction diaries from the public records 
statute. 

Referred to Transportation Committee. 

By Senators Goldston and Roy all: 

S.B. 544, a bill to authorize the DOT to exchange uneconomic remnants created by 
highway construction. 

Referred to Transportation Committee. 

By Senator Goldston: 

S.B. 545, a bill to permit the holding of ABC elections in certain unincorporated 
areas of the State. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Roy all and Goldston: 

S.B. 546, a bill to provide for an increase in the state motor fuel tax contingent 
upon reduction of the present federal gas tax. 
Referred to Finance Committee. 

By Senator Allran: 

S.B. 547, a bill to increase the penalty for felony death by vehicle to that for second 
degree murder and to make involuntary manslaughter a lesser included offense. 
Referred to Judiciary III Committee. 

By Senators Cobb and Staton: 

S.B. 548, a bill to amend the Fair Sentencing Act of 1981. 
Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 549, a bill to appropriate funds to the North Carolina Medical Database Com- 
mission. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.J.R. 550, a joint resolution honoring Mrs. Reginald Wilson and the City of Bur- 
lington for pioneering the educable mentally handicapped training program in North 
Carolina. 

Referred to Rules and Operation of the Senate Committee. ^ 



April 17, 1987 



244 SENATE JOURNAL [Session 

By Senators Staton, Cobb, Rauch, and Richardson: 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
Personnel for failure to attend annual active duty training and schedule inactive duty 
training. 

Referred to Judiciary II Committee. 

By Senators Staton, Cobb, Rauch, and Richardson: 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard. 
Referred to Judiciary II Committee. 

By Senators Staton, Cobb, Rauch, and Richardson: ' * ^ '^ "' ' 

S.B. 553, a bill authorizing the Adjuntant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service. 

Referred to Judiciary II Committee. ^'^ - ' 

By Senators Staton, Cobb, Conder, Goldston, Rauch, Roy all. Smith, and Walker: 

S.B. 554, a bill to assist small business development. 
Referred to Economic Growth Committee. 

By Senators Staton, Cobb, Conder, Rauch, Royall, Smith, and Walker: 

S.B. 555, a bill to amend Chapter 159D of the General Statutes pertaining to indus- 
trial and pollution control facilities pool program financing act. 

Referred to Finance Committee. v« 

By Senators Martin of Pitt, Basnight, Conder, Guy, Harrington, Harris, Hunt of 
Durham, Martin of Guilford, Parnell, Taft, and Thomas: 

S.B. 556, a bill to increase contributions toward retirement benefits for local law 
enforcement. 

Referred to Finance Committee. " T T L '' 

By Senators Parnell and Speed: 

S.B. 557, a bill to broaden the coverage offered by the School Property Insurance 
Program. 

Referred to Education Committee. 

By Senators Speed, Block, Bryan, Guy, Parnell, Plyler, Shaw, Sherron, and War- 
ren: 

S.B. 558, a bill to permit L.P. gas dealer to use other means of financial responsi- 
bility besides insurance. 

Referred to Agriculture Committee. 

By Senators Speed, Block, Bryan, Guy, Hardison, Plyler, Shaw, Sherron, and 
Warren: 

S.B. 559, a bill to amend the fertilizer law. 
Referred to Agriculture Committee. 

By Senators Speed, Block, Bryan, Guy, Hardison, Parnell, Plyler, Shaw, Sherron, 
Soles, and Warren: 

S.B. 560, a bill to improve the collection of cost sharing assessments for boll weevil 
eradication. 

Referred to Agriculture Committee. 



April 17, 1987 



1987] SENATE JOURNAL 245 

By Senators Speed, Block, Bryan, Guy, Hardison, Parnell, Plyler, Shaw, Sherron, 
Soles, and Warren: 

S.B. 561, a bill to amend and clarify the promotion of sale and use of tobacco 
statutes. 

Referred to Agriculture Committee. 

By Senator Simpson: 

S.B. 562, a bill to provide that murder committed while engaged in drug trafficking 
is an aggravating circumstance for consideration in determining whether to impose a 
death penalty on a convicted defendant. 

Referred to Judiciary IV Committee. 

By Senator Kincaid: 

S.B. 563, a bill to amend the community work experience program to change limi- 
tations on time spent at a worksite. 

Referred to Human Resources Committee. 

By Senator Hunt of Moore: 

S.B. 564, a bill to consolidate the regulation of migrant housing and to set forth the 
powers and duties of the Commissioner of Labor dealing with the regulation of migrant 
housing. 

Referred to Judiciary H Committee. 

By Senator Seymour: 

S.B. 565, a bill to amend the expiration time for purchase-transportation permits. 
Referred to Alcoholic Beverage Control Committee. 

By Senator Seymour: 

S.B. 566, a bill to increase the amount of liquor a person may purchase and pos- 
sess. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Sands and Goldston: 

S.B. 567, a bill to allow the Alleghany County Board of Commissioners to adopt 
ordinances to beautify the County. 

Referred to Local Government and Regional Affairs H Committee. 

By Senator Sands and Goldston: ' j 

S.B. 568, a bill to allow the Rockingham County Board of Commissioners to adopt 
ordinances to beautify the County. 

Referred to Local Government and Regional Affairs H Committee. 

By Senator Hunt of Moore: 

S.B. 569, a bill to amend law regarding setoff debt collection. 
Referred to Judiciary H Committee. 

By Senator Hunt of Moore: 

S.B. 570, a bill to increase the membership of the North Carolina Farmworker 
Council. 

Referred to Agriculture Committee. 



April 17, 1987 



246 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 571, a bill to appropriate funds to establish a pilot program for historic proper- 
ties management. 

Referred to State Government Committee. 

By Senator Warren: 

S.B. 572, a bill to amend the law pertaining to the public school calendar. 
Referred to Education Committee. 

By Senator Warren: 

S.B. 573, a bill to require that school bus drivers be at least seventeen years old. 
Referred to Education Committee. 

By Senator Thomas: 

S.B. 574, a bill to appropriate additional funds for the operations of the Depart- 
ment of State Auditor. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 575, a bill to provide for cooperation between state, local and federal law 
enforcement agencies in special undercover operations. 
Referred to Judiciary I Committee. 

By Senator Sands: 

S.B. 576, a bill to amend the North Carolina Geologists Licensing Act. 
Referred to Natural and Economic Resources and Wildlife Committee. 

RE-REFERRAL 

S.B. 486, a bill to levy a severance tax on the mining of phosphate rock. 
On motion of Senator Thomas and without objection, the bill is taken from the 
Finance Committee and re-referred to the Environment Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 126, a bill to regulate the adoption of voting systems by local governments. 
On motion of Senator Hipps, consideration of the bill is postponed until Tuesday, 
April 21. 

H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately. 

On motion of Senator Hipps, consideration of the Committee Substitute bill is post- 
poned until Tuesday, April 21. 

H.B. 232, a bill to require training of special registration commissioners. 
On motion of Senator Hipps, consideration of the bill is postponed until Tuesday, 
April 21. 

H.B. 263, a bill to amend the Presidential Preference Primary Act to account for 
the change in its date. 

On motion of Senator Hipps, consideration of the bill is postponed until Tuesday, 
April 21. 



April 17, 1987 



1987] SENATE JOURNAL 247 

H.B. 129, a bill to clarify the provisions of G.S. 31-42 relating to the devolution of 
a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission. 

On motion of Senator Barnes, consideration of the bill is postponed until Tuesday, 
April 21. 

H.B. 130, a bill to make technical amendments to the power of attorney statutes as 
recommended by the General Statutes Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 131, a bill to repeal certain inconsistent statutes and to clarify other statutes 
regarding the testimony of witnesses to prove the proper execution of an attested will as 
recommended by the General Statutes Commission. 

On motion of Senator Ezzell, consideration of the bill is postponed until Tuesday, 
April 21. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 199, a bill to authorize Moore County to levy a room occupancy tax. 
Referred to Finance Committee. 

H.B. 394, a bill to change the distribution of profits from the ABC stores in Sunset 
Beach. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 420, a bill to authorize Mitchell County to levy a room occupancy and tour- 
ism development tax. 

Referred to Finance Committee. 

H.B. 429, a bill to authorize the levy of a room occupancy and tourism develop- 
ment tax in Averasboro Township in Harnett County. 
Referred to Finance Committee. 

H.B. 443, a bill to provide that the general law regarding setting the official bond of 
the Sheriff shall apply to Guilford County. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 470, a bill to clarify that administrative costs of collecting the occupancy tax 
in certain counties shall be paid from the proceeds of the tax. 
Referred to Finance Committee. 

H.B. 473, a bill to amend the Charlotte City Charter with respect to auxiliary police 
and fire officers. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 481, a bill to change the procedure used by Wayne County in altering the 
structure of the Board of Commissioners. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 483, a bill concerning the construction of a building by the Alamance-Cas- 
well Area Mental Health, Mental Retardation and Substance Abuse Authority. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 484, a bill to permit the City of Burlington to convey at private sale to the 
Allied Churches of Alamance County, Inc., the old City of Burlington Police Building 
and certain adjacent property. 

Referred to Local Government and Regional Affairs II Committee. 



April 17, 1987 



248 SENATE JOURNAL [Session 

H.B. 505, a bill to exempt the County of Stokes from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 508, a bill to allow additional time for the City of Charlotte to adopt city 
regulations for newly annexed areas or extension of the city's jurisdiction. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 78 (Committee Substitute), a bill to allow the judge in sentencing for driving 
while impaired to credit the defendant with time served as an inpatient in a treatment 
facility. 

Referred to Judiciary III Committee. 

H.B. 246, a bill to increase the population criterion for counties that seek to ex- 
pand County Commissioners' authority over local boards. • -- 
Referred to Human Resources Committee. 

H.J.R. 255, a joint resolution adopting the Child Mental Health Plan and the 
Youth Substance Abuse Plan as policy guidance for the development of services over 
the next ten years. 

Referred to Human Resources Committee. 

H.B. 284, a bill to add provisions to the rabies control law concerning possession 
and sale of rabies vaccine. 

Referred to Human Resources Committee. 

H.B. 431, a bill to permit the Department of Transportation to set the speed limit 
on Interstate Highways at a maximum of sixty-five miles per hour. 
Referred to Transportation Committee. 

H.B. 463, a bill to equalize the motor fuels tax credit and the rate of tax. 
Referred to Finance Committee. 

H.B. 527, a bill to provide for technical amendments to the employment security 
law of North Carolina. 

Referred to Manufacturing and Labor Committee. 

S.B. 78 (House Committee Substitute), a bill to require adequate disclosure by con- 
tinuing care facilities, for concurrence in the House Committee Substitute bill which is 
re-committed to the Human Resources Committee. 

On motion of Senator Harrington, seconded by Senator Walker, the Senate ad- 
journs to meet Tuesday, April 21, at 1:30 P.M. 



FIFTY-FIRST DAY 



Senate Chamber, 
Tuesday, April 21, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O Lord of Life, we thank Thee for all the blessing of life. For the beauty of Thy 
creation; for the opportunity for meaningful employment; for the love and support of 
our families; for the rest and refreshment of this past week-end; for the privilege of 



April 21, 1987 



1987] SENATE JOURNAL 249 

serving in this Chamber, and for the effective work of our support staff in the Senate, 
we give Thee thanks, O Lx)rd. 

"O God of Wisdom, Love, and Justice, as we begin our deliberations this day, give 
to us wisdom, patience, tolerance, understanding, compassion, love, and a sense of 
justice and fair play. 

"As we speak and vote this day, keep us mindful that we are accountable unto You 
for all that we say and do in this place and in all places. 

"And help us to act in such a way that in this Chamber and in our State, justice may 
flow down like waters and righteousness like an everflowing stream. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Plyler for today. It is noted that 
Senator Plyler is present for a portion of today's session. 

The President extends courtesies of the gallery to Coretta Scott King. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

S.B. 278, a bill to eliminate the requirement that the Town of Granite Falls mail 
zoning notices, with a favorable report. 

S.B. 366, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Finance Com- 
mittee. 

S.B. 384, a bill to repeal the Charter of the inactive Town of Gold Point, with a 
favorable report. 

S.B. 390, a bill authorizing the Wake Forest Board of Commissioners to sell prop- 
erty at private sale, with a favorable report. 

S.B. 406, a bill authorizing the appointment of a Special Board of Equalization and 
Review for Cumberland County, with a favorable report. 

By Senator Hunt of Durham, Vice-Chairman, for the Local Government and 
Regional Affairs I Committee: 

S.B. 313, a bill to allow the County of Rowan to convey its interest in the Old Post 
Office property in Salisbury at private sale, with a favorable report. 

S.B. 319, a bill to authorize the City Manager of Charlotte to waive the requirement 
for bid deposits on bids for equipment, material, and supplies, with a favorable report. 

S.B. 338, a bill to authorize Halifax County to levy a room occupancy and tourism 
development tax, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 



April 21, 1987 



250 SENATE JOURNAL [Session 

S.B. 374, a bill to authorize the Council of the City of Albemarle to sell and convey 
to Challenger Electrical Equipment Corporation the interest of the City of Albemarle in 
a 12.69 acre parcel of land, with improvements thereon, located in Harris Township, 
Stanly County, North Carolina, with a favorable report. 

S.B. 387, a bill concerning voluntary satellite annexations by the City of Hickory, 
with a favorable report. 

S.B. 408, a bill to annex certain property into the City of Charlotte and to ratify 
certain actions of the City of Charlotte, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

H.B. 314, a bill to revise and consolidate the Charter of the Town of Wallace, with 
a favorable report. 

H.B. 327, a bill to modify Winston-Salem's power of eminent domain, with a 
favorable report. 

H.B. 336, a bill to authorize the City of Shelby to purchase natural gas by using 
informal bid procedures, with a favorable report. 

H.B. 338, a bill to annex additional territory to the Town of Fallston, with a favor- 
able report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

H.B. 381, a bill to authorize Pasquotank County and the City of Elizabeth City to 
levy occupancy taxes, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

S.B. 143, a bill to provide that the Board of County Commissioners of Onslow 
County may appoint special peace officers with limited jurisdiction, with a favorable 
report, as amended. 

S.B. 261, a bill to authorize Wilson County to levy a room occupancy and tourism 
development tax, with a favorable report, as amended. 

On motion of Senator Hunt of Durham, the rules are suspended and the bill is 
placed before the Senate for immediate consideration, and on his further motion, 
Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engorssed and re-referred to the Finance Com- 
mittee. 

By Senator Staton for the Economic Growth Committee: 

S.B. 421, a bill to permit all cities to participate in downtown development pro- 
jects, with a favorable report. ^ ; ., 

By Senator Martin of Guilford for the Higher Education Committee: 

S.B. 74, a bill to appropriate funds for a geography based curriculum program in 
the public schools, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Appropria- 
tions Committee. 

S.B. 433, a bill to modify the North Carolina State Education Assistance Author- 
ity, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Finance 
Committee. 



April 21, 1987 



1987] SENATE JOURNAL 251 

H.B. 245, a bill to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Appropria- 
tions Committee. 

By Senator Barnes for the Judiciary I Committee: 

S.B. 370, a bill to amend certain Rules of Civil Procedure, with a favorable report, 
as amended. 

S.B. 425, a bill to establish the purposes of the State Parks System, with a favor- 
able report, as amended. 

S.B. 428, a bill to provide that interest shall be at the legal rate on judgments in 
actions for breach of a contract extending credit for personal, family, household, or 
agricultural purposes, with a favorable report, as amended. 

S.B. 106, a bill to make it clear that the testimony of an injured party as to the 
amount of medical charges only establishes a rebuttable presumption of the reason- 
ableness of the amount of the medical charges as recommended by the General Stat- 
utes Commission, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration, and on his further 
motion, the Committee Substitute bill is adopted. 

On motion of Senator Barnes, the Committee Substitute bill is placed on the Calen- 
dar for Thursday, April 23, for further consideration. 

S.B. 372, a bill to limit the liability of a trustee, officer, or member of a nonprofit 
corporation, with an unfavorable report as to bill, but favorable as to Committee Sub- 
stitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substi- 
tute bill, which changes the title to read, S.B. 372 (Committee Substitute), a bill to 
limit the liability of a trustee, officer, or director of a nonprofit corporation, is placed 
before the Senate for immediate consideration, and on his further motion, the Com- 
mittee Substitute bill is adopted. 

On motion of Senator Barnes, the Committee Substitute bill is placed on the Calen- 
dar for Thursday, April 23, for further consideration. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 130, an act to make technical amendments to the power of attorney statutes 
as recommended by the General Statutes Commission. (Ch. 77) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hipps: 

S.B. 577, a bill to eliminate the requirement that the Supreme Court review all 
decisions of the Court of Appeals in which there is a dissent. 
Referred to Judiciary I Committee. 



April 21, 1987 



252 SENATE JOURNAL [Session 

By Senators Hipps and Tally: 

S.B. 578, a bill to provide for Child Day Care technical changes. 
Referred to Children and Youth Committee. 

By Senator Staton: 

S.B. 579, a bill to allow physicians to report physically impaired drivers to the 
Commissioner of Motor Vehicles. 

Referred to Judiciary II Committee. 

By Senators Thomas and Hipps: 

S.B. 580, a bill to expand the Polk County Development Commission. 
Referred to Local Government and Regional Affairs I Committee. 

By Senator Seymour: 

S.B. 581, a bill to authorize a single purchase- transportation permit for certain 
large purchases of spirituous liquor. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Seymour: .< , 

S.B. 582, a bill to provide a separate permit for hotels choosing to offer alcoholic 
beverage sales from locked cabinets in guest rooms. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Martin of Pitt: 

S. J.R. 583, a joint resolution honoring the life and memory of Cameron S. Weeks, 
former member of the North Carolina General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Cobb: 

S.B. 584, a bill to authorize the issuance of bonds of the State to provide funds, 
with other available funds, for Capital Improvements for the State and its Depart- 
ments, Institutions and Agencies, such authorized bonds to be issued without an elec- 
tion during the biennium ending June 30, 1987, in an amount not in excess of two- 
thirds of the amount by which the State's outstanding indebtedness shall have been 
reduced during the 1983-85 biennium. 

Referred to Finance Committee. , ; '' 

By Senator Martin of Guilford: 

S.B. 585, a bill to make certain changes in mental health, mental retardation, and 
substance confidentiality laws. 

Referred to Human Resources Committee. * ■ 

By Senator Harris: 

S.B. 586, a bill to amend G.S. 108A-79(k) to eliminate county appeals from final 
decisions of the Department of Human Resources. 
Referred to Human Resources Committee. 

By Senators Sands and Goldston: 

S.B. 587, a bill to allow the Surry County Board of Commissioners to adopt ordi- 
nances to beautify the county. 

Referred to Local Government and Regional Affairs II Committee. 



April 21, 1987 



1987] SENATE JOURNAL 253 

By Senators Sands and Goldston: 

S.B. 588, a bill to allow the Watauga County Board of Commissioners to adopt 
ordinances to beautify the county. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Sands and Goldston: ;* 

S.B. 589, a bill to allow the Ashe County Board of Commissioners to adopt ordi- 
nances to beautify the county. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Sands and Goldston: 

S.B. 590, a bill to allow the Stokes County Board of Commissioners to adopt ordi- 
nances to beautify the county. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Sands: 

S.B. 591, a bill to validate street and road assessments in Rockingham County. 
Referred to Local Government and Regional Affairs II Committee. 

By Senator Walker: 

S.B. 592, a bill to authorize area authorities to contract with health maintenance 
organizations. 

Referred to Human Resources Committee. 

By Senators Plyler, Conder, Rand, and Rauch: 

S.B. 593, a bill to clarify a sheriff's personal liability for the acts of his deputy. 
Referred to Judiciary IV Committee. 

By Senator Barker: 

S.B. 594, a bill to direct the Administrative Office of the Courts to design a stan- 
dard form that allows a defendant to waive his appearance in court and to designate 
legal counsel to appear in his behalf. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 595, a bill to require permanent revocation of license in the case of murder in 
the first or second degree resulting from motor vehicle operation. 
Referred to Judiciary III Committee. 

By Senator Allran: - . *» 

S.B. 596, a bill to establish the period of license revocation for provisional licensees 
convicted of driving after drinking. 

Referred to Judiciary III Committee. >f 

By Senator Allran: . v ; , 

S.B. 597, a bill to expand the definition of offenses involving impaired driving. 
Referred to Judiciary III Committee. 

By Senator Allran: 

S.B. 598, a bill to mandate revocation of a limited driving privilege in certain cir- 
cumstances. 

Referred to Judiciary III Committee. > 



April 21, 1987 



254 SENATE JOURNAL [Session 

By Senator Allran: 

S.B. 599, a bill to clarify that juveniles are included within the class of persons 
subject to the implied consent laws. 

Referred to Judiciary III Committee. 

By Senator Taft, Barker, and Basnight: 

S.B. 600, a bill to provide monies for research relating to the cause and remedy for 
the fish disease ulcerated mycosis. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Marvin, Bryan, Hunt of Durham, Hunt of Moore, Kincaid, Sands, 
Seymour, Shaw, Simpson, Soles, Taft, Tally, Walker, and Ward: 

S.B. 601, a bill to increase the retirement formula for members and beneficiaries of 
the Teachers' and State Employees* Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senator Rand: 

S.B. 602, a bill to protect children placed for adoption. ,, ,, ,^p -.p^ 

Referred to Children and Youth Committee. 

By Senators Thomas and Hipps: 

S.B. 603, a bill to amend Chapter 636 of the 1981 Session Laws relative to military 
service retirement purchase. 

Referred to Pensions and Retirement Committee. 

By Senator Parnell: 

S.B. 604, a bill to provide for licensing of cotton warehouses. 
Referred to Agriculture Committee. 

By Senator Taft: 

S.B. 605, a bill to create a pay policy for State employment under Chapter 126 of 
the General Statutes and to revise the merit pay system in effect for State employees 
subject to that Chapter. 

Referred to State Personnel Committee. ? , ^v; lu ;; ,i^:c Jl/i 

By Senator Taft: , 

S.B. 606, a bill to appropriate funds to establish the Carolina Clean Drinking 
Water Fund and fund its initial operating expenses. 
Referred to Appropriations Committee. 

By Senator Barnes : - "^' ^ ^ ' • • 

S.B. 607, a bill to modify and expand the distribution by the Office of Administra- 
tion Hearings of the North Carolina register and other documents. 
Referred to Judiciary I Committee. 

By Senator Barnes: 

S.B. 608, a bill to appropriate funds for expansion of the commodity distribution 
program. 

Referred to Appropriations Committee. 



April 21, 1987 



1987] SENATE JOURNAL 255 

By Senator Martin of Guilford: ' 

S.B. 609, a bill providing for adoption of a metropolitan school system for the Cit- 
ies of Greensboro and High Point. 
Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 113, a bill to permit the governing body of a taxing unit to allow the tax 
collector to adjust small underpayments and overpayments of property tax. 
Referred to Finance Committee. 

H.B. 298, a bill designating the District Court as the proper division for trial of an 
alleged breach of a separation agreement. 
Referred to Judiciary H Committee. 

H.B. 375, a bill to annex property owned by the City of Brevard. 
Referred to Finance Committee. 

H.B. 404, a bill to authorize the taking of black bears in certain counties. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 449, a bill to extend the coporate limits of the Town of Murphy. 
Referred to Finance Committee. 

H.B. 494, a bill to allow curbside voting during the entire time the polls are open, 
so as to comply with the federal voting accessibility for the elderly and handicapped 
act. 

Referred to Election Laws Committee. 

H.B. 495, a bill to clarify when seventeen year olds can register to vote for the 
party primary election. 

Referred to Election Laws Committee. 

H.B. 496, a bill to extend the corporate limits of the Town of Ranlo to include 
town-owned property. 

Referred to Finance Committee. 

H.B. 497, a bill to extend the corporate limits of the Town of Dallas, North Caro- 
lina. 

Referred to Finance Committee. 

H.B. 502, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, Nags 
Head, and Southern Shores to impose facility fees for police department capital im- 
provements. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 536, a bill regulating hunting in Greene County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 548, a bill to provide that on general election ballots, names in multi-seat 
races are printed on the ballot within a political party in alphabetical order. 
Referred to Election Laws Committee. 

H.B. 549, a bill to provide for continued compliance with the federal Voting Acces- 
sibility for the Elderly and Handicapped Act 
Referred to Election Laws Committee. 



April 21, 1987 



256 SENATE JOURNAL [Session 

H.B. 589, a bill to provide for continued compliance with the Voting Rights Act 
and to improve the administration of justice by providing for the elimination of stag- 
gered terms for Superior Court Judges, creating more Superior Court Judicial Districts, 
eliminating the Office of Special Superior Court Judge, and making conforming 
changes. 

Referred to Judiciary IV Committee. 

H.B. 599, a bill to amend G.S. 113-273 with respect to wild turkeys held under a 
game bird propagation license. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 602, a bill to amend G.S. 113-291.1 relating to the manner of taking migra- 
tory game birds. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 631, a bill to amend the Business Corporation Act to provide for the protec- 
tion of public shareholders of North Carolina organized corporations from being co- 
erced by certain business combination practices and to be designated the North Caro- 
lina Shareholder Protection Act. 

On motion of Senator Soles, the rules are suspended, and the bill is placed on the 
Calendar for today, in its regular order of business. 

,.. , CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 251, a bill to allow local boards of education to purchase buses and minibuses 
for the transportation of children with special needs. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 350, a bill to establish a time frame for filing appeals of administrative penalty 
assessments. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 631, a bill to amend the Business Corporation Act to provide for the protec- 
tion of public shareholders of North Carolina organized corporations from being co- 
erced by certain business combination practices and to be designated the North Caro- 
lina Shareholder Protection Act. 

Senator Soles calls the previous question, seconded by Senator Harrington. The call 
is sustained. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Rauch to its third reading, the bill remains on the Calendar 
for tomorrow for further consideration. 

S.B. 422, a bill to amend the Business Corporation Act to provide for the protection 
of public shareholders of North Carolina organized corporations from being coerced by 
certain business combination practices and to be designated the North Carolina Share- 
holder Protection Act. 

Without objection, the bill is placed on the Calendar for Monday, April 27. 

H.B. 126, a bill to regulate the adoption of voting systems by local governments. 

On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 

Senator Swain offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ments No. 1 and No. 2. 



April 21, 1987 



1987] SENATE JOURNAL 257 

H.B. 129, a bill to clarify the provisions of G.S. 31-42 relating to the devolution of 
a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Ezzell to its third reading, the bill remains on the Calendar 
for tomorrow for further consideration. 

H.B. 131, a bill to repeal certain inconsistent statutes and to clarify other statutes 
regarding the testimony of witnesses to prove the proper execution of an attested will as 
recommended by the General Statutes Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately. 

On motion of Senator Kaplan, the Committee Substitute bill is recommitted to the 
Election Laws Committee. 

H.B. 229, a bill to provide for an increased State minimum wage if the federal 
minimum wage increases before June 1, 1989. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 232, a bill to require training of special registration commissioners. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 263, a bill to amend the Presidential Preference Primary Act to account for 
the change in its date. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 368, a bill to extend certain deadlines applicable to the North Carolina Haz- 
ardous Waste Treatment Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

The President recognizes the following pages serving in the Senate this week: Ibrez 
R. Bandukwala, Raleigh; Lisa Bowens, Wilmington; Susan Brookhart, Chapel Hill; 
Patricia Lynn Daughtry, Goldsboro; Patricia Lynne Green, Star; Amy Yvonne Griff is, 
Fayetteville; Richard Claiborne Herget, Raleigh; Jim Jackson, Greenville; Cameron 
Kempson, Asheville; Jeffrey Cameron Loper, Raleigh; Charlotte Mittelsladt, Greens- 
boro; Sheila Lynn Osborne, Robersonville; Brian Keith Perry, Fayetteville; Karen 
Price, Chapel Hill; Anissa Diane Roberts, Plymouth; Todd David Smith, Fayetteville; 
Robert Lee Stallings IV, Hickory; Anne-Marie Turnier, Chapel Hill; Susan Paige 
Ward, Monroe; Crecia Pearl Williams, Kenly; and James J. Woody III, Roxboro. 

On motion of Senator Harrington, seconded by Senator Rand, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



FIFTY-SECOND DAY 

V r ., -i; ' . Senate Chamber, 

Wednesday, April 22, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



April 22, 1987 



258 SENATE JOURNAL [Session 

Prayer is offered by Rabbi David M. Zielonka, Temple Emanuel, Gastonia, as fol- 
lows: 

"God of the Beginning and the End, Lord of all time and every generation. Guide of 
all creatures and all people, we who stand before You today, ask Your blessing on 
ourselves and our loved ones, and seek Your guidance in this day's deliberations. 
Make us aware of Your presence among us, attune our hearts and minds to Your 
voice; make us grateful for all your blessing. 

"You have made us in Your image, capable of balancing love and justice in the 
pursuit of a righteous life. You have given us knowledge and reason, to interpret 
wisely Your commandments. You have set before us limitless challenges to choose 
between good and evil, between concern for others and self indulgence, between the 
paths of righteousness and the ways of hatred and strife. In all that we do and think 
and feel, we sense Your presence among us. You are with us when we pray, when we 
learn, and when we work to build a better and more peaceful world. You are with us 
when we believe and when we doubt, when we are strong and when we fear, when we 
know joy and when we feel pain, at all times You are our friend and our teacher. 

"We pray for insight into Your truth, for increased understanding of Your ways, for 
the strength of heart and soul to choose good in all that we do. May all turn to You 
with renewed hearts, confident that those who love goodness and do justly will find 
new strength for Your service. Lord, our God, You have blessed us with noble pow- 
ers. Teach us to make wise use of them. Make us Your partners in the on-going 
work of mending creation. Your co-workers dedicated to the well-being of those 
around us, that all we do may bring nearer the coming of Your Kingdom on earth. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President extends courtesies of the gallery to the Honorable Maurice Muzoka 
Katowa, Member of Parliament of the National Assembly of Zambia, Lusake, Zam- 
bia; the Honorable Edward Lowassa, National Member of Parliament and Principal 
Assistant Secretary at the Ruling Party (CCM), Tanzania National Assembly, Dar es 
Salaam, Tanzania; and the Honorable Angelo Othow Nyiknago, Member of Con- 
stituent Assembly, No. 121, Omdurman, Khartoum, Sudan. Courtesies of the gallery 
are also extended to the Quiz Bowl teams from Franklin County high schools. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee. 

H.B. 339, a bill to make permanent a temporary act allowing electrofishing for 
catfish in a portion of the Cape Fear River in Bladen County, with a favorable report. 

H.B. 344, a bill to permit taking crows with the aid of electronic calling devices, 
with a favorable report. 

H.B. 360, a bill to permit the taking of foxes in Beaufort County, with a favorable 
report. 

H.B. 427, a bill to limit the use of fish traps to take nongame fish in inland fishing 
waters in certain counties, with a favorable report. 



April 22, 1987 



1987] SENATE JOURNAL 259 

H.B. 345, a bill to authorize Wildlife Enforcement Officers to enforce the littering 
law in Brunswick County, with an unfavorable report as to bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended and the Senate Committee 
Substitute bill, which changes the local bill to a public bill and which changes the title 
to read, H.B. 345 (Senate Committee Substitute), a bill to authorize Wildlife protec- 
tors to enforce the littering law, is placed before the Senate for immediate considera- 
tion, and on her further motion, the Senate Committee Substitute bill is adopted. 

On motion of Senator Tally, the Senate Committee Substitute bill is placed on the 
Calendar for Friday, April 24, for further consideration. 

By Senator Harris for the Human Resources Committee. 

S.B. 78 (House Committee Substitute), a bill to require adequate disclosure by con- 
tinuing care facilities, with a favorable report, as to concurrence. 

On motion of Senator Harris, the rules are suspended and the House Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his 
further motion, the Senate concurs (electronically recorded) in the House Committee 
Substitute bill, and the bill is ordered enrolled. 

S.J.R. 155, a joint resolution adopting the Child Mental Health Plan and the 
Youth Substance Abuse Plan as policy guidance for the development of services over 
the next ten years, with a favorable report. 

On motion of Senator Harris the joint resolution is re-referred to the Appropria- 
tions Committee. 

S.B. 253, a bill to clarify the definition of "private club" in G.S. 130A-247, with a 
favorable report. 

S.B. 254, a bill to amend the law governing sanitation of institutions and day-care 
facilities, with a favorable report, as amended. 

By Senator Guy for the State Government Committee. 

S.B. 199, a bill providing a funding formula and a selection process for the inclu- 
sion of works of art in State buildings, with a favorable report. 

On motion of Senator Guy, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 294, a bill to raise the level of expenditure on public building projects on 
which informal competitive bid procedures may be used, with a favorable report. 

S.B. 136, a bill to provide a model code for procurement of architectural and engi- 
neering services by State and local government, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Guy, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Guy, the Committee Substitute bill is placed on the Calendar 
for Friday, April 24, for further consideration. 

By Senator Goldston for the Transportation Committee. 

S.B. 394, a bill to provide for specialized plates for Pearl Harbor survivors, with a 
favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Commit- 
tee. 



April 22, 1987 



260 SENATE JOURNAL [Session 

H.B. 286, a bill to amend Chapter 20 of the General Statutes to make passenger 
capacity of buses consistent with regulation by the Utilities Commission under provi- 
sions of Chapter 62 of the General Statutes, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Commit- 
tee. 

H.B. 290, a bill to provide for issuance of personalized registration plates for com- 
mercial vehicles, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Commit- 
tee. 

By Senator Rauch for the Finance Committee. 

S.B. 94, a bill to recodify the laws relating to fraternal benefit societies and frater- 
nal orders, with a favorable report. 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing, with a 
favorable report. 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act, with a favorable report. 

H.B. 204, a bill making technical corrections to the property tax statutes governing 
collection of property taxes, with a favorable report. 

CONFIRMATION OF APPOINTMENTS 

Senator James D. Speed, Chairman of the Agriculture Committee submits the 
following report: 

In compliance with the provisions of G.S. 106-2 requiring appointees to the State 
Board of Agriculture to be confirmed by the Senate, Governor Martin has submitted 
his appointees, Pete Lovette, G. Earl Rountree, and John Howard, Jr. for confirma- 
tion. 

The Senate Committee on Agriculture has considered the appointments and makes the 
following recommendation to the Senate: 

That the appointment of Pete Lovette, G. Earl Rountree, and John 
Howard, Jr. as members of the State Board of Agriculture be con- 
firmed. 

On motion of Senator Speed, the Senate confirms the appointments of the Governor 
to membership on the State Board of Agriculture by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators AUran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rand, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 48. 

Voting in the negative: None. 

The Chair orders the Governor notified of the action of the Senate. 



RE-REFERRAL 



^J/'Cl' 



H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately. 

On motion of Senator Kaplan, the rules are suspended and the bill is taken from the 
Election Laws Committee and is placed on the Calendar for tomorrow, April 23. 



April 22, 1987 



1987] SENATE JOURNAL 261 

: V ENROLLED BILLS ^ 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 131, an act to repeal certain inconsistent statutes and to clarify other statutes 
regarding the testimony of witnesses to prove the proper execution of an attested will as 
recommended by the General Statutes Commission. (Ch. 78) 

H.B. 229, an act to provide for ari increased State minimum wage if the federal 
minimum wage increases before June 1, 1989. (Ch. 79) 

H.B. 232, an act to require training of special registration commissioners. (Ch. 
80) 

H.B. 263, an act to amend the Presidential Preference Primary Act to account for 
the change in its date. (Ch. 81) 

H.B. 368, an act to extend certain deadlines applicable to the North Carolina Haz- 
ardous Waste Treatment Commission. (Ch. 82) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hunt of Durham: 

S.B. 610, a bill to further clarify the authority of the City of Durham to make grants 
and loans for economic development serving the needs of persons of low and moderate 
income. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Kincaid and Simpson: 

S.B. 611, a bill to require tax information on deeds before they may be recorded in 
Mitchell County. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Sands: 

S.B. 612, a bill to repeal the laws relating to trademarks of mineral waters and 
beverages. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Swain and Winner: 

S.B. 613, a bill to exempt Buncombe County from certain procedural requirements 
on disposal of land as an industrial park. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Somers: 

S.B. 614, a bill to provide that assets accumulated to disseminate obscenity shall be 
forfeited. 

Referred to Judiciary III Committee. 

By Senator Simpson: 

S.B. 615, a bill to authorize establishment of the Burke County Police Force, sub- 
ject to a referendum. 

Referred to Local Government and Regional Affairs II Committee. 



April 22, 1987 



2it SENATE JOURNAL [Session 

By Senator Walker: 

S.B. 616, a bill to permit the City of Asheboro to dispose of certain real property by 
private negotiation and sale. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 617, a bill to appropriate funds to the General William C. Lee Memorial Mu- 
seum Commission. 

Referred to Appropriations Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 618, a bill to amend the Charter of the City of Sanford. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 619, a bill to appropriate funds to the City of Sanford for renovations to the 
old City Hall building. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 620, a bill to appropriate funds for the Wilson Community Theater building 
program. 

Referred to Appropriations Committee. 

By Senator Parnell: ■^-' '^''^ ■-■■■' '•^^^■-■-^ r-n^.-:.^ . .^r-^ a.:. ,,i, .;&:.•:. ..,r m 

S.B. 621, a bill to merge all of the school administrative units in Robeson County, 
subject to a referendum. 

Referred to Education Committee. u b^'^-'-jl > : ^r 

By Senator Royall: >^ • ^ ^? ;>?/ i 

S.B. 622, a bill pertaining to the manner of qualifying areas for annexation by the 
City of Durham. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Royall: 

S.B. 623, a bill to amend the Charter of the City of Durham to permit the establish- 
ment of one or more incubator facilities. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Staton, Allran, Bryan, Cobb, Ezzell, Harris, Hunt of Durham, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, 
McDuffie, Rauch, Richardson, Royall, Seymour, Shaw, Smith, Somers, Speed, 
Swain, Tally, Walker, Ward, and Winner: 

S.B. 624, a bill to appropriate funds for a Grassroots Science Program by the Mu- 
seum of Natural Sciences to improve State programs in science education. 

Referred to Appropriations Committee. > ; jii ;' .„ vt ^-yn^/ . 

By Senator Harrington: 

S.B. 625, a bill to exempt the Conoconnara Burial Society from regulation under 
Chapter 58 of the General Statutes. 
Referred to Insurance Committee. 



April 22, 1987 



1987] SENATE JOURNAL 263 

By Senator Richardson: 

S.B. 626, a bill to permit Mecklenburg County to levy an excise tax on instruments 
conveying real property in Mecklenburg County. 
Referred to Finance Committee. 

By Senators Ward and Kaplan: 

S.B. 627, a bill to provide that the Winston-Salem/Forsyth County Board of Edu- 
cation may pay its teachers and other instructional personnel on the sixteenth day of 
each month. 

Referred to Education Committee. 

By Senators AUran and Bryan: 

S.B. 628, a bill to provide that the Cities of Hickory, Conover, Claremont and 
Newton need not mail zoning notices for a revision of the complete zoning ordinance 
or map. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Allran and Bryan: 

S.B. 629, a bill to provide that the Town of Maiden and the County of Catawba 
need not mail zoning notices for a revision of the complete zoning ordinance or map. 
Referred to Local Government and Regional Affairs I Committee. 

By Senator Allran: 

S.B. 630, a bill to allow the City of Hickory to impose facility fees. 
Referred to Finance Committee. 

By Senator Block: 

S.B. 631, a bill to amend the insurance provisions of the Amusement Device Safety 
Act. 

Referred to Insurance Committee. 

By Senator Block: 

S.B. 632, a bill to declare New Hanover County to be the County of Azaleas. 
Referred to Local Government and Regional Affairs I Committee. 

By Senator Guy: 

S.B. 633, a bill to appropriate funds to relocate the Onslow County Museum from 
Richlands to Jacksonville. 
Referred to Appropriations Committee. 

By Senator Hunt of Moore: 

S.B. 634, a bill to exempt the Town of Southern Pines from certain zoning notice 
requirements. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Ezzell: 

S.B. 635, a bill to allow the Nash County Board of Education to lease land to cities 
without finding that the land is unnecessary or undesirable for school purposes. 
Referred to Education Committee. 



April 22, 1987 



264 SENATE JOURNAL [Session 

By Senator Ezzell: 

S.B. 636, a bill to permit Nash County to appropriate additional funds for industrial 
development. 

Referred to Local Government and Regional Affairs I Committee. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions previ- 
ously introduced: 

By Senators Barker and Daniel: « 

S.B. 425, a bill to establish the purposes of the State Parks System. 

By Senator Warren: v 

S.B. 593, a bill to clarify a sheriff's personal liability for the acts of his deputy. 

S.B. 579, a bill to allow physicians to report physically impaired drivers to the 
Commissioner of Motor Vehicles. 

S.B. 608, a bill to appropriate funds for expansion of the commodity distribution 
program. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 10 (Committee Substitute), a bill to transfer the responsibility for issuing 
bingo licenses and establishing audit procedures for bingo accounts from the Depart- 
ment of Revenue to the Department of Human Resources. ^ ' 

Referred to Judiciary I Committee. 

H.B. 188 (Committee Substitute), a bill to clarify the law regarding detention of a 
juvenile bound over to Superior Court. 
Referred to Judiciary III Committee. 

H.B. 540, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax. ,, , , 

Referred to Finance Committee. ' " -:*.>>> >j u;r^;^H 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 384, a bill to repeal the Charter of the inactive Town of Gold Point, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 



April 22, 1987 



1987] SENATE JOURNAL 265 

S.B. 387, a bill concerning voluntary satellite annexations by the City of Hickory, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

H.B. 314, a bill to revise and consolidate the Charter of the Town of Wallace, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration, upon third 
reading. 

H.B. 327, a bill to modify Winston-Salem's power of eminent domain, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 143, a bill to provide that the Board of County Commissioners of Onslow 
County may appoint special peace officers with limited jurisdiction. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 278, a bill to eliminate the requirement that the Town of Granite Falls mail 
zoning notices. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 313, a bill to allow the County of Rowan to convey its interest in the Old Post 
Office property in Salisbury at private sale. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 



April 22, 1987 



266 SENATE JOURNAL [Session 

S.B. 319, a bill to authorize the City Manager of Charlotte to waive the requirement 
for bid deposits on bids for equipment, material, and supplies. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 374, a bill to authorize the Council of the City of Albemarle to sell and convey 
to Challenger Electrical Equipment Corporation the interest of the City of Albemarle in 
a 12.69 acre parcel of land, with improvements thereon, located in Harris Township, 
Stanly County, North Carolina. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 390, a bill authorizing the Wake Forest Board of Commissioners to sell prop- 
erty at private sale. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 406, a bill authorizing the appointment of a Special Board of Equalization and 
Review for Cumberland County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 336, a bill to authorize the City of Shelby to purchase natural gas by using 
informal bid procedures. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 421, a bill to permit all cities to participate in downtown development pro- 
jects, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 12, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Conder, 
Ezzell, Goldston, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDuf fie, 
Parnell, Plyler, Rauch, Richardson, Royall, Sands, Seymour, Smith, Soles, Speed, 
Staton, Taft, Tally, Thomas, Walker, Ward, and Warren — 36. 

Voting in the negative: Senators Barker, Daniel, Guy, Hardison, Johnson of 
Cabarrus, Kincaid, Shaw, Sherron, Simpson, Somers, Swain, and Winner — 12. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 425, a bill to establish the purposes of the State Parks System, upon second 
reading. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow for further considera- 
tion upon third reading. 

S.B. 370, a bill to amend certain Rules of Civil Procedure. 



April 22, 1987 



1987] SENATE JOURNAL 267 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 
On motion of Senator Ezzell, further consideration of the bill, as amended, is post- 
poned until Thursday, April 23. 

S.B. 428, a bill to provide that interest shall be at the legal rate on judgments in 
actions for breach of a contract extending credit for personal, family, household, or 
agricultural purposes. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Johnson of Wake to its third reading, the bill, as amended, 
remains on the Calendar for tomorrow for further consideration. 

H.B. 129, a bill to clarify the provisions of G.S. 31-42 relating to the devolution of 
a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered enrolled. 

H.B. 631 1 a bill to amend the Business Corporation Act to provide for the protec- 
tion of public shareholders of North Carolina organized corporations from being co- 
erced by certain business combination practices and to be designated the North Caro- 
lina Shareholder Protection Act, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Hardison, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



FIFTY-THIRD DAY 



Senate Chamber, 
Thursday, April 23, 1987. 

The Senate meets pursuant to adjournment and is called to order in the absence of 
the President by the Honorable Marshall A. Rauch, Senator from Gaston County. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"O God of Life, we thank Thee for all the blessing of life. For this great land of 
freedom and opportunity, for this beautiful and bountiful State, for the high privilege 
of serving in this Chamber, and for our secretaries and all the staff of the Senate, who 
make our work so much easier. We give Thee thanks, O Lord. 

"O God of Nations, bless we pray Thee, the President of these United States, the 
Governor and Lieutenant Governor of our fair State, the President Pro Tempore of the 
Senate, our presiding officer today, and all the judges and legislators of our nation. 
Fill them and each of us with love, justice, and compassion so that in this land justice 
may flow down like waters and righteousness like an everflowing stream. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for today to Senator Hardison, who is an- 
nouncing his candidacy for the Office of Lieutenant Governor; Senator Royall who is 
attending an Executive Meeting of the Council of State Governments in Washington, 
D.C.; and to Senators Barker and Thomas. 



April 23, 1987 



268 SENATE JOURNAL [Session 

The Chair extends courtesies of the gallery to Mary Elizabeth Gore, wife of the 
Honorable Albert Gore, Jr., United States Senator from Tennessee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Parnell for the Insurance Committee: 

S.B. 310, a bill to amend the Product Liability Risk Retention group law by reflect- 
ing the federal Risk Retention Amendments of 1986 in order to carry out the authority 
granted by Congress to the States, with a favorable report. 

By Senator Martin of Pitt for the Manufacturing and Labor Committee: 

H.B. 527, a bill to provide for technical amendments to the employment security 
law of North Carolina, with a favorable report. 

By Senator Swain for the Judiciary III Committee: 

H.B. 186, a bill to provide for short-term commitments of juveniles to local ap- 
proved facilities, with a favorable report. 

H.B. 187, a bill to provide temporary secure custody for juveniles charged with 
certain misdemeanors, with a favorable report. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General Stat- 
utes by correction of the description of the official survey base for the State of North 
Carolina, with a favorable report. 

H.B. 78 (Committee Substitute), a bill to allow the judge in sentencing for driving 
while impaired to credit the defendant with time served as an inpatient in a treatment 
facility, with a favorable report, as amended. 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 352, a bill to provide for service of parking violation citations, with a favor- 
able report. 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard, 
with a favorable report. 

S.B. 553, a bill authorizing the Adjuntant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service, with a favor- 
able report. 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
personnel for failure to attend annual active duty training and schedule inactive duty 
training, with a favorable report, as amended. 

S.B. 569, a bill to amend law regarding setoff debt collection, with a favorable 
report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



AprU 23, 1987 



1987] SENATE JOURNAL 269 

By Senator Block: 

S.B. 637, a bill concerning Pender County. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Bryan: 

S.B. 638, a bill to exempt Iredell County and other counties and incorporated mu- 
nicipalities located therein from certain zoning notice requirements. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Speed: 

S.B. 639, a bill to appropriate funds for installing an elevator in the Franklin 
County Courthouse. 

Referred to Appropriations Committee. 

By Senators Kincaid and Simpson: 

S.B. 640, a bill to authorize Caldwell County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senators Swain and Winner: 

S.B. 641, a bill to appropriate funds to the Old Depot Association, Incorporated, 
in Black Mountain to support and advance its work in cultural resources. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 642, a bill to provide for the election of the Wilson County Board of Education 
from seven single-member districts, as provided by court order. 
Referred to Election Laws Committee. 

By Senator Harrington: 

S.B. 643, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 644, a bill to appropriate funds to mediation services of Wake, Inc. for oper- 
ating expenses. 

Referred to Appropriations Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 645, a bill to appropriate funds to Sandlee Care, Inc., for capital improve- 
ments. 

Referred to Appropriations Committee. 

By Senators Staton and Johnson of Wake: 

S.B. 646, a bill to appropriate funds to Lee County Industries, Incorporated. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 647, a bill authorizing counties to establish requirements concerning apartheid 
in projects financed with public funds. 

Referred to Local Government and Regional Affairs I Committee. 



April 23, 1987 



270 SENATE JOURNAL [Session 

By Senator Rand and Winner: 

S.B. 648, a bill to modify the law regarding costs for appeal for trial de novo. 
Referred to Judiciary IV Committee. 

By Senator Hipps: 

S.B. 649, a bill to modify the school finance pilot project. 
Referred to Education Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 650, a bill providing for the election of the Pitt County Board of Commission- 
ers. 

Referred to Election Laws Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 651, a bill to appropriate operational funds for Tideland Mental Health Cen- 
ter. 

Referred to Appropriations Committee. ? ... ,>^ , 

By Senators Basnight, Harrington, Martin of Pitt, and Taft: „i 

S.B. 652, a bill to appropriate funds to the Mid-East and Albemarle Commissions 
as matching funds for job-creating programs. 

Referred to Appropriations Committee. »<i-'r-. ^^^■y':\-,:^ :%:,■'':<' ■^i:-.iyr:uim 

By Senators Plyler and Conder: 

S.B. 653, a bill to provide for annexation of certain property to the Town of Rich- 
field, subject to removal from the corporate limits if the voters of the town reject a 
sewer bond. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Goldston: ^ . = ^ ,» f j :^ 

S.B. 654, a bill to modify the miscellaneous provision for the issue of permits for 
business on school and college campuses. 

Referred to Alcoholic Beverage Control Committee. i;r/ ».■;;?. 

By Senator Seymour: , , - i^ 

S.B. 655, a bill to appropriate funds for capital improvements at Guilford Technical 
Community College. 

Referred to Appropriations Committee. 

By Senator Goldston: 

S.B. 656, a bill to extend the expiration for the payment of just compensation by 
local authorities requiring the removal of billboards which are permitted under the pro- 
visions of Article 11 of Chapter 136 of the General Statutes. 

Referred to Transportation Committee. ^ , ; 

By Senators Goldston, Barker, Conder, Daniel, Hunt of Durham, Johnson of 
Cabarrus, Plyler, and Somers: 

S.B. 657, a bill to change the holiday for Easter from Easter Monday to Good 
Friday. 

Referred to State Government Committee. 



April 23, 1987 



1987] SENATE JOURNAL 271 

By Senators Harris, Rauch, and Marvin: 

S.B. 658, a bill authorizing the County of Cleveland to make unrestricted grants to 
incorporated municipalities in said County of Cleveland. 

On motion of Senator Harris, the bill is placed before the Senate for immediate 
consideration. 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 

By Senator Harris: 

S.B. 659, a bill to appropriate funds to the North Carolina Institute of Medicine. 
Referred to Appropriations Committee. 

By Senators McDuffie and Richardson: 

S.B. 660, a bill to amend the method of rate-making and the factors to be consid- 
ered in establishing territories for insurance rating and statistical purposes. 
Referred to Insurance Committee. 

By Senator Goldston: 

S.B. 661, a bill to permit the garnishment of wages for certain debts owed to public 
hospitals. 

Referred to Judiciary II Committee. 

By Senator Warren: 

S.B. 662, a bill to modify the provisions for leave time and workweeks of Occupa- 
tional Education Teachers. 

Referred to Education Committee. '" 

By Senator Johnson of Wake: 

S.B. 663, a bill to specifically authorize the North Carolina Board of Dental Exam- 
iners to regulate general anesthesia and parenteral sedation by dentists. 
Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 664, a bill to provide for confidentiality of information developed in investiga- 
tions by the North Carolina Board of Dental Examiners until the information is used in 
formal notices of hearings. 

Referred to Judiciary II Committee. 

By Senators Johnson of Wake, Staton, and Speed: 

S.B. 665, a bill to appropriate funds to the Capital Area Soccer League. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S.B. 666, a bill to include Texas in the North Carolina Interstate Banking Region. 
Referred to Commerce Committee. 

. . ■ ■ . ■ . - ^ 

By Senators Simpson and Kincaid: 

S.B. 667, a bill authorize Burke County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 



April 23, 1987 



272 SENATE JOURNAL [Session 

By Senator Rand: 

S.B. 668, a bill regarding flying while impaired. 
Referred to Judiciary IV Committee. 

By Senator Rand: 

S.B. 669, a bill to clarify the State Tort Claims Act and related Statutes, to im- 
prove the administration of the act. 

Referred to Judiciary IV Committee. 

By Senator Rand: 

S.B. 670, a bill waiving the residency requirement for in-State tuition at Commu- 
nity Colleges for refugees and immigrants. 

Referred to Higher Education Committee. 

By Senator Seymour: 

S.B. 671, a bill to regulate Sunday sales and consumption of alcoholic beverages. 
Referred to Alcoholic Beverage Control Committee. 

By Senator Bryan: '" 

S.B. 672, a bill to provide for the nonpartisan election of the Iredell County Board 
of Education at the time of the general election, to expand the board from five to seven 
members, and to allow the Board of Education to provide for elections by districts with 
the approval of the Iredell County Board of Commissioners. 

Referred to Education Committee. ^ • - ^^^ s^d 

By Senator Bryan: ' i- • r »iv^:>^: 

S.B. 673, a bill to allow the Iredell County Board of Commissioners to call an 
advisory referendum on merger of two or more school administrative units in that 

County. ,:■:;, 'V ,.,/ um:n^:'--. 

Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 89, a bill to amend the law relating to the monthly benefits of the Greensboro 
Firemen's Supplemental Retirement System. 

Referred to Pensions and Retirement Committee. 

H.B. 191, a bill to make clarifying technical changes in the retirement and pension 
benefits for State and certain local government employees. 

Referred to Pensions and Retirement Committee. >ii;i I ^k ;??> ,d 

H.B. 261, a bill requiring approval for a sanitary landfill by the County or City 
where the landfill is to be located before approval of a permit by the Department of 
Human Resources can be given. 

Referred to Human Resources Committee. 

H.B. 270, a bill to make changes in the North Wilkesboro Firemen's Supplemen- 
tary Fund. 

Referred to Pensions and Retirement Committee. 

H.B. 321, a bill to define the phrase "in service" as it pertains to the survivor's 
alternate benefit in the Teachers' and State Employees' Retirement System and the 
Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 



April 23, 1987 



1987] SENATE JOURNAL 273 

H.B. 379, a bill to make aquatic weed control projects eligible for cost sharing. 
Referred to Environment Committee. 

H.B. 498, a bill to amend the definition of human service transportation. 
Referred to Transportation Committee. 

H.B. 514, a bill to amend G.S. 130A-335(c) and (d) concerning approval of local 
board of health sanitary sewage system rules. 
Referred to Human Resources Committee. 

H.B. 525, a bill to increase the Henderson Firemen's Supplemental Retirement 
System benefits. 

Referred to Pensions and Retirement Committee. 

H.B. 576, a bill to recodify and amend Part 18, Article 3, of Chapter 143B of the 
General Statutes concerning the Sickle Cell Program. 
Referred to Human Resources Committee. 

H.B. 913, a bill to appoint persons to various public offices upon the recommenda- 
tion of the Speaker of the House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

RE-REFERRAL 

H.B. 71 (Senate Committee Substitute), a bill to establish the Legislative Commit- 
tee on New Licensing Boards and a review process for the creation of occupational and 
professional licensing boards. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill is taken from the Committee on Appropriations and is placed on 
the Calendar for Monday, April 27. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 384, a bill to repeal the Charter of the inactive Town of Gold Point, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Winner~46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 387, a bill concerning voluntary satellite annexations by the City of Hickory, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner~45. 

Voting in the negative: None. 



April 23, 1987 



274 SENATE JOURNAL [Session 

The bill is ordered sent to the House of Representatives. 

H.B. 314, a bill to revise and consolidate the Charter of the Town of Wallace, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 327, a bill to modify Winston-Salem's power of eminent domain, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 339, a bill to make permanent a temporary act allowing electrofishing for 
catfish in a portion of the Cape Fear River in Bladen County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 360, a bill to permit the taking of foxes in Beaufort County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 427, a bill to limit the use of fish traps to take nongame fish in inland fishing 
waters in certain counties. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 421, a bill to permit all cities to participate in downtown development pro- 
jects, upon third reading. 

Senator Staton offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Winner offers Amendment No. 2 which is adopted (electronically re- 
corded) . 

Senator Somers offers Amendment No. 3 which fails of adoption (electronically 
recorded) . 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 5, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, McDuffie, 
Parnell, Plyler, Rand, Rauch, Richardson, Sands, Seymour, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Ward, Warren, and Winner~40. 

Voting in the negative: Senators Johnson of Cabarrus, Kincaid, Martin of Pitt, 
Shaw, and Somers — 5. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 



April 23, 1987 



1987] SENATE JOURNAL 275 

S.B. 425, a bill to establish the purposes of the State Parks System, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 94, a bill to recodify the laws relating to fraternal benefit societies and frater- 
nal orders, as amended. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Marvin offers Amendment No. 2 which is adopted (electronically re- 
corded) . 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

S.B. 106 (Committee Substitute), a bill to make it clear that the testimony of an 
injured party as to the amount of medical charges only establishes a rebuttable pre- 
sumption of the reasonableness of the amount of the medical charges as recommended 
by the General Statutes Commission. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S.B. 253, a bill to clarify the definition of "private club" in G.S. 130A-247. 

The bill passes its second reading (electronically recorded) . On objection of Sena- 
tor Swain to its third reading, the bill remains on the Calendar for tomorrow for further 
consideration. 

S.B. 254, a bill to amend the law governing sanitation of institutions and day-care 
facilities. 

On motion of Senator Harris, Committee Amendment No. 1 is adopted (electroni- 
cally recorded) . 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing, as 
amended. 

Without objection, the Chair orders the bill, as amended, taken from the Calendar 
for today and placed on the Calendar for tomorrow, April 24. 

S.B. 294, a bill to raise the level of expenditure on public building projects on 
which informal competitive bid procedures may be used. 

On motion of Senator Sherron, consideration of the bill is postponed until tomor- 
row, April 24. 

S.B. 370, a bill to amend certain Rules of Civil Procedure, as amended. 
Senator Ezzell offers Amendment No. 2 which is adopted (electronically recorded). 
The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 



April 23, 1987 



276 SENATE JOURNAL [Session 

S.B. 372 (Committee Substitute), a bill to limit the liability of a trustee, officer, or 
director of a nonprofit corporation. 

On motion of Senator Ezzell, consideration of the Committee Substitute bill is post- 
poned until Tuesday, April 28. 

H.B. 161 (Committee Substitute), a bill to require political committees to be la- 
beled accurately. 

Senator Swain offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered sent to the House of Representatives for 
concurrence in Senate Amendment No. 1. 

The Honorable Marshall A. Rauch, Senator from Gaston County and Presiding Of- 
ficer of the Senate for today relinquishes the gavel to the Honorable J.J. Harrington, 
President Pro Tempore. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 78 (House Committee Substitute), an act to require adequate disclosure by 
continuing care facilities. (Ch. 83) 

S.B. 167, an act to amend the provisions which forbid local board of health mem- 
bers to serve more than three consecutive three-year terms. (Ch. 84) 

S.B. 175, an act to amend the Fayetteville City Charter regarding the benefits a 
retired city fireman is entitled to. (Ch. 85) 

H.B. 129, an act to clarify the provisions of G.S. 31-42 relating to the devolution 
of a devise or legacy to individuals or members of a class predeceasing the testator as 
recommended by the General Statutes Commission. (Ch. 86) 

H.B. 336, an act to authorize the City of Shelby to purchase natural gas by using 
informal bid procedures. (Ch. 87) 

H.B. 631, an act to amend the Business Corporation Act to provide for the protec- 
tion of public shareholders of North Carolina organized corporations from being co- 
erced by certain business combination practices and to be designated the North Caro- 
lina Shareholder Protection Act. (Ch. 88) 

The Honorable J.J. Harrington, President Pro Tempore, relinquishes the gavel to 
Senator Rauch, who presides over the remaining portion of today's Session. 

CALENDAR (Continued) 

H.B. 204, a bill making technical corrections to the property tax statutes governing 
collection of property taxes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 344, a bill to permit taking crows with the aid of electronic calling devices. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 345 (Senate Committee Substitute), a bill to authorize Wildlife Enforcement 
Officers to enforce the littering law in Brunswick County. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in 
the Senate Committee Substitute bill. 



April 23, 1987 



^ 



1987] SENATE JOURNAL 277 

S.B. 428, a bill to provide that interest shall be at the legal rate on judgments in 
actions for breach of a contract extending credit for personal, family, household, or 
agricultural purposes, as amended, upon third reading. 

Senator Barnes offers Amendment No. 2 which is adopted (electronically re- 
corded) . 

The bill, as amended, passes its third reading and is ordered engrossed and sent to 
the House of Representatives. 

H.B. 4 (Committee Substitute), a bill to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act, as amended, with Amendment No. 2 pending, upon third reading. 

Amendment No. 2, offered by Senator Simpson on March 11, is adopted (elec- 
tronically recorded). 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered sent to the House of Representatives for concurrence in Sen- 
ate Amendments No. 1 and No. 2. 

On motion of Senator Harrington, seconded by Senator Swain, the Senate adjourns 
to meet tomorrow at 10:00 A.M. 



FIFTY-FOURTH DAY 

Senate Chamber, 
Friday, April 24, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
J.J. Harrington, President Pro Tempore. 

Prayer is offered by the Honorable Marvin Ward, Senator from Forsyth County, as 
follows: 

"Our Heavenly Father, we come together again to make decisions that affect the 
lives of all the people of North Carolina. We ask for Your help and guidance as we 
make them. We ask You to help us realize the value of listening to all our colleagues 
and others in our attempt to become well informed about both sides of each issue. 
Help us to realize and understand that we have the individual responsibility for being 
sure that each vote is in the best interest of the greatest number of people. 

"Our Father in Heaven, we ask for these blessings in Thy Name. Amen." 

Senator Rauch for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President Pro Tempore grants leaves of absence to Senators Conder, Harris, 
Kaplan, Royall, and Thomas for today. Senator Richardson is granted a leave of 
absence for a portion of today's Session. 

The Honorable J.J. Harrington, President Pro Tempore, relinquishes the gavel to 
the Honorable Marshall A. Rauch, Senator from Gaston County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



April 24, 1987 



278 SENATE JOURNAL [Session 

By Senator Warren for the Education Committee. 

S.B. 192, a bill to clarify the provisions of the Teacher Recruitment Program and to 
appropriate funds for the program, with a favorable report, as amended. 

On motion of Senator Warren, the bill is placed before the Senate for immediate 
consideration, and on his further motion. Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

S.B. 519, a bill relating to the appointment of members of the Lexington City 
Board of Education, with a favorable report, as amended. 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee. 

S.J.R. 181, a joint resolution to honor the life and memory of Russell F. Van 
Landingham, a former member of the General Assembly, with a favorable report. 

H.B. 913, a bill to appoint persons to various public offices upon the recommenda- 
tion of the Speaker of the House of Representatives, with a favorable report. 

By Senator Barnes for the Judiciary I Committee. 

S.B. 404, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission, with a favorable 
report. 

On motion of Senator Barnes, the bill is placed on the Calendar for Tuesday, April 
28. 

S.B. 449, a bill to authorize and to regulate the withdrawal or transfer of an as- 
sumed name as recommended by the General Statutes Commission, with a favorable 
report. 

S.B. 102, a bill to authorize the service of summonses in civil actions by any person 
who is not a party to the action and is not less than 18 years of age as recommended 
by the General Statutes Commission, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substi- 
tute bill, which changes the title to read, S.B. 102 (Committee Substitute), a bill to 
authorize the service of summons in civil actions by a notary public who is not a party 
to the action as recommended by the General Statutes Commission, is placed before 
the Senate for immediate consideration, and on his further motion, the Committee 
Substitute bill is adopted. 

On motion of Senator Barnes, the Committee Substitute bill is re-referred to the 
Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate , 
read the first time, and disposed of as follows: 

By Senator Harrington: 

S.B. 674, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Ezzell: 

S.B. 675, a bill to appropriate funds to vigorous interventions in Ongoing Natural 
Settings, Inc., for renovations to Wright's Center. 
Referred to Appropriations Committee. 



April 24, 1987 



1987] SENATE JOURNAL 279 

By Senator Conder: r r « v^ 

S.B. 676, a bill to provide for automobile insurance premium discounts for certain 
persons who complete accident prevention courses. 
Referred to Insurance Committee. . 

By Senators Conder and Plyler: 

S.B. 677, a bill to make counties with a population of less than 30,000 eligible for 
relocation payments for water and sewer lines located within the State highway right- 
of-way. 

Referred to Transportation Committee. 

By Senator Taft: 

S.B. 678, a bill to allow courts to grant limited driving privileges for convicted pro- 
visional licensees. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 679, a bill to change the timing provision for entry of appeal when a motion 
for appropriate relief has been filed. 

Referred to Judiciary III Committee. 

By Senator Staton: 

S.B. 680, a bill to amend G.S. 14-404 and G.S. 14-409.3 pertaining to firearms 
permits. 

Referred to Judiciary II Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 175 (Committee Substitute), a bill to amend the definition of caretaker in the 
Juvenile Code. 

Referred to Children and Youth Committee. 

H.B. 277 (Committee Substitute), a bill to provide a model code for procurement 
of architectural and engineering services by state and local governments. 

Referred to Judiciary IV Committee. 

On motion of Senator Sherron, and without objection, the Committee Substitute bill 
is withdrawn form the Judiciary IV Committee and placed on today's Calendar 
immediately preceding Committee Substitute for S.B. 136. 

H.B. 389, a bill to amend the Fireman's Relief Fund to provide additional benefits. 
Referred to Pensions and Retirement Committee. 

H.B. 468, a bill to authorize the use of horns and warning devices on motor vehi- 
cles by the Division of Marine Fisheries. 
Referred to Transportation Committee. 

H.B. 480, a bill to prohibit the erection of outdoor advertising on a portion of U.S. 
Highway 74 and U.S. Highway 76 in Columbus County. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 485, a bill to allow state law enforcement officers to purchase any weapon 
worn or carried by the officer when the state law enforcement agency changes the type 
of weapons used. 

Referred to Judiciary HI Committee. 



April 24, 1987 



280 SENATE JOURNAL [Session 

H.B. 487, a bill to authorize the City Manager of Charlotte to reject bids when 
appropriate without action by the Charlotte City Council. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 520, a bill to appropriate funds from the Special Employment Administration 
Fund for the remainder of the 1986-87 fiscal year to collect and administer the tax 
levied by G.S. 96-9(b)(3)j. 

Referred to Appropriations Committee. 

H.B. 523, a bill to provide staggered terms for the Board of Commissioners of 
Lincoln County. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 524, a bill to repeal the High Point Career Service Law. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 531, a bill to include in the list of those who shall be granted letters of ad- 
ministration, in order of priority, the next of kin of the decedent. 
Referred to Judiciary I Committee. 

H.B. 534, a bill to increase the membership of the Edgecombe County ABC Board 
and to provide for the appointment of the Chairman. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 555, a bill to authorize Currituck County to levy a room occupancy and tour- 
ism development tax. 

Referred to Finance Committee. 

H.B. 586, a bill to amend the North Carolina Cemetery Act to enhance admini- 
stration and protection of the public. 
Referred to Finance Committee. 

H.B. 606, a bill to provide that the Hyde County Board of Commissioners must 
appoint to fill a vacancy on the membership of that board, or in the offices of Sheriff 
or Register of Deeds, the person recommended by the political party executive com- 
mittee of the vacating officer. 

Referred to Election Laws Committee. 

H.B. 610, a bill to authorize Pamlico County to dispose of property by private sale 
in connection with and installment purchase arrangement for construction of a social 
services building. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 613, a bill to permit the City of Oxford to collect a motor vehicle tax of not 
more than ten dollars. 

Referred to Finance Committee. 

H.B. 617, a bill to permit Caswell County to collect a motor vehicle tax of not more 
than fifteen dollars. 

Referred to Finance Committee. 

H.B. 618, a bill to provide that park rangers employed by the City of Henderson 
have the same jurisdicion as the city police. 
Referred to Judiciary IV Committee. 

H.B. 619, a bill to abolish the office of coroner in Caswell County. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 644, a bill to reduce the number of publications required for Charlotte street 
closing hearings. 

Referred to Local Government and Regional Affairs II Committee. 



April 24, 1987 



1987] SENATE JOURNAL 281 

H.B. 661, a bill to authorize the Town of Boone to levy a room occupancy and 
tourism development tax. 

Referred to Finance Committee. 

H.B. 701, a bill to provide nonprofit organizations with the alternative of providing 
a letter of credit as security for payments to the Employment Security Fund. 
Referred to State Government Committee. 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina, for 
concurrence in House Amendments No. 1, No. 3, and No. 12, which is placed on the 
Calendar for Monday, April 27. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 277 (Committee Substitute), a bill to provide a model code for procurement 
of architectural and engineering services by state and local governments. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

S.B. 136 (Committee Substitute), a bill to provide a model code for procurement of 
architectural and engineering services by State and local government. 

On motion of Senator Sherron, consideration of the Committee Substitute bill is 
postponed until Wednesday, April 29. 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing, as 
amended. 

Without objection, the Chair removes the bill, as amended, from the Calendar for 
today and places it on the Calendar for Monday, April 27. 

S.B. 294, a bill to raise the level of expenditure on public building projects on 
which informal competitive bid procedures may be used. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 310, a bill to amend the Product Liability Risk Retention group law by reflect- 
ing the federal Risk Retention Amendments of 1986 in order to carry out the authority 
granted by Congress to the States. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 352, a bill to provide for service of parking violation citations. 
The bill passes its second reading (electronically recorded) . 

On objection of Senator Swain to its third reading, the bill remains on the Calendar 
for Monday, April 27, for further consideration. 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
Personnel for failure to attend annual active duty training and schedule inactive duty 
training. 

On motion of Senator Staton, consideration of the bill is postponed until Wednes- 
day, April 29. 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard. 

On motion of Senator Staton, consideration of the bill is postponed until Wednes- 
day, April 29. 

S.B. 553, a bill authorizing the Adjutant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service. 

On motion of Senator Staton, consideration of the bill is postponed until Wednes- 
day, April 29. 



April 24, 1987 



282 SENATE JOURNAL [Session 

S.B. 569, a bill to amend law regarding setoff debt collection. 
On motion of Senator Hunt of Durham, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H.B. 78 (Committee Substitute), a bill to allow the judge in sentencing for driving 
while impaired to credit the defendant with time served as an inpatient in a treatment 
facility. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered sent to the House of Representatives for 
concurrence in Senate Amendment No. 1. 

H.B. 186, a bill to provide for short-term commitments of juveniles to local ap- 
proved facilities. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. > o ><;.,>.. 

H.B. 187, a bill to provide temporary secure custody for juveniles charged with 
certain misdemeanors. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General Stat- 
utes by correction of the description of the official survey base for the State of North 
Carolina. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On Objection of Senator Barnes to its third reading, the Committee Substitute bill 
remains on the Calendar for Tuesday, April 28, for further consideration. 

H.B. 527, a bill to provide for technical amendments to the employment security 
law of North Carolina. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 253, a bill to clarify the definition of "private club" in G.S. 130A-247, upon 
third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

RE-REFERRAL 

S.B. 525, a bill to provide a supplemental retirement fund for firemen in the Town 
of Selma and to modify the application of G.S. 118-5, G.S. 118-6, and G.S. 118-7 
to the Town of Selma. 

Without objection, on motion of Senator Warren, the bill is taken from the Local 
Government and Regional Affairs I Committee and is re-referred to the Pen- 
sions and Retirement Committee. 

Senator Rauch relinquishes the gavel to the Honorable J.J. Harrington, President 
Pro Tempore, who presides over a portion of today's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 21, an act to conform the treatment of all income tax credits received by a 
corporation to the treatment of an income tax credit for property taxes. (Ch. 89) 



April 24, 1987 



1987] SENATE JOURNAL 283 

S.B. 121 (Committee Substitute), an act to amend the parole eligibility require- 
ments for committed youthful offenders sentenced under Chapter 90 of the General 
Statutes. (Ch. 90) 

S.B. 207, an act to remove certain property from the corporate limits of the City of 
Raleigh. (Ch. 91) 

S.B. 276, an act to provide that the University of North Carolina Center for Public 
Television is an eligible recipient under the art in State buildings program. (Ch. 92) 

H.B. 204, an act making technical corrections to the property tax statutes govern- 
ing collection of property taxes. (Ch. 93) 

H.B. 314, an act to revise and consolidate the Charter of the Town of Wallace. 
(Ch. 94) 

H.B. 327, an act to modify Winston- Salem's power of eminent domain. (Ch. 95) 

H.B. 339, an act to make permanent a temporary act allowing electrofishing for 
catfish in a portion of the Cape Fear River in Bladen County. (Ch. 96) 

H.B. 344, an act to permit taking crows with the aid of electronic calling devices. 
(Ch. 97) 

H.B. 360, an act to permit the taking of foxes in Beaufort County. (Ch. 98) 

H.B. 427, an act to limit the use of fish traps to take nongame fish in inland fishing 
waters in certain counties. (Ch. 99) 

The Honorable J.J. Harrington, President Pro Tempore, relinquishes the gavel to 
the Honorable Marshall A. Rauch, Senator from Gaston County, who presides over 
the remaining portion of today's Session. 

On motion of Senator Harrington, seconded by Senator Marvin, the Senate ad- 
journs to meet Monday at 7:00 P.M. 



FIFTY-FIFTH DAY 



Senate Chamber, 
, fc^a^, : Monday, April 27, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by The Reverend Jon E. Strother, Associate Minister of Hayes 
Barton United Methodist Church, Raleigh, as follows: 

"Merciful God, we pause now in prayer seeking to be renewed. The responsibilities 
of this day have taxed us physically, emotionally, spiritually. 

"We confess our human frailties. As difficult as it is for us to admit, O God, we are 
weak. Yet in Your grace and mercy renew our lives and give us strength for the tasks 
set before us. 

"Truly, You are the Potter, and we are the clay. Shape us now, loving God, into 
the persons You intend us to be; so we, the vessels of Your creation, may bring You 
honor and glory, both now, and forever. Amen." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 



April 27, 1987 



284 SENATE JOURNAL [Session 

The President grants a leave of absence to Senator Bryan, who is attending a Semi- 
nar on Victims' Rights in Statesville, for tonight. 

The President grants courtesies of the gallery to Timothy H. McDowell, former 
Senator from Alamance County and to representatives of the Alamance Chamber of 
Commerce. Courtesies of the gallery are also extended to William L. McLaurin, for- 
mer Mayor of Raleigh. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Royall, Vice-Chairman, for Senator Harrington for the Rules and Op- 
eration of the Senate Committee. 

S.J.R. 357, a joint resolution authorizing the Legislative Research Commission to 
study the feasibility of a Wellness Program for State Employees, including a physical 
fitness facility, with a favorable report. 

On motion of Senator Royall, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S.B. 359, a bill authorizing the Legislative Research Commission to study the man- 
agement of low-level radioactive waste and appropriating funds for the study, with a 
favorable report. 

On motion of Senator Royall, the bill is re-referred to the Appropriations Com- 
mittee. 

S.J.R. 360, a joint resolution to authorize the Legislative Research Commission to 
study day care, with a favorable report. 

On motion of Senator Royall, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S.J.R. 362, a joint resolution authorizing the Legislative Research Commission to 
study the management of solid waste in North Carolina, with a favorable report. 

On motion of Senator Royall, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S.B. 395, a bill creating a Veterans Cemetery Study Commission and appropriating 
funds for the study, with a favorable report. 

On motion of Senator Royall, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 396, a bill to name "milk" as the State Beverage of North Carolina, with a 
favorable report. 

S.B. 424, a bill to create a Study Commission on State Parks and Recreation Ar- 
eas, with a favorable report. 

On motion of Senator Royall, the bill is re-referred to the Appropriations Com- 
mittee. 

S.J.R. 522, a joint resolution honoring the centennial of the Town of Southern 
Pines and the memory of its founders, with a favorable report. 

S.B. 674, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate, with a favorable report. 

On motion of Senator Royall, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. The bill passes its second (electronically 



April 27, 1987 



1987] SENATE JOURNAL 285 

recorded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger. 

H.B. 12, a bill to provide for coded bill drafts, where the law to be amended is set 
out showing the deletions and insertions proposed by the bill, with a favorable report, 
as amended. 

S.R. 472, a Senate resolution honoring the service of J. Robert Gordon to the North 
Carolina Wildlife Resources Commission and proclaiming the designation of the J. 
Robert Gordon Sandhills Field Trial Area in recognition of his service, with recom- 
mendation for adoption, as amended. 

On motion of Senator Roy all, the resolution is subsequently recommitted to the 
Rules and Operation of the Senate Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 186, an act to provide for short-term commitments of juveniles to local ap- 
proved facilities. (Ch. 100) 

H.B. 187, an act to provide temporary secure custody for juveniles charged with 
certain misdemeanors. (Ch. 101) 

H.B. 277 (Committee Substitute), an act to provide a model code for procurement 
of architectural and engineering services by State and local governments. (Ch. 102) 

H.B. 527, an act to provide for technical amendments to the employment security 
law of North Carolina. (Ch. 103) 

S.B. 658, an act authorizing the County of Cleveland to make unrestricted grants to 
incorporated municipalities in said County of Cleveland. (Ch. 104) 

S.B. 216, an act to amend and clarify statutes contained in Chapter 90 of the Gen- 
eral Statutes dealing with the definition of and regulation of cocaine. (Ch. 105) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson of Cabarrus: * 

S.B. 681, a bill to make dependents of law enforcement officers, rescue squad 
workers, and firemen, killed or permanently disabled in the line of duty eligible for 
free tuition at any of the constituent institutions of the University of North Carolina. 

Referred to Higher Education Committee. 

By Senator Walker: 

S.B. 682, a bill to increase the maximum fee the Board of Examiners in psychology 
may require for examinations under the Practicing Psychologists' Licensing Act. 
Referred to Finance Committee. 

By Senator Sherron: 

S.B. 683, a bill to appropriate funds to build a concession stand at Falcon Park in 
Fuquay Varina. 

Referred to Appropriations Committee. ^ ^i 



April 27, 1987 



286 SENATE JOURNAL [Session 

By Senators Sherron and Smith: 

S.B. 684, a bill relating to mopeds. 
Referred to Transportation Committee. 

By Senator Hardison: 

S.B. 685, a bill to reform the insurance premium tax laws. 
Referred to Finance Committee. 

By Senator Hardison: 

S.B. 686, a bill to provide premium tax relief for small insurance companies. 
Referred to Finance Committee. 

By Senators Soles and Rand: ' ^^ 

S.B. 687, a bill to amend the North Carolina Shareholder Protection Act. 
Referred to Judiciary IV Committee. 

By Senators Soles and Rand: 

S.B. 688, a bill making technical corrections in Chapter 88, Session Laws of 1987, 
the North Carolina Shareholder Protection Act. 
Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 533, a bill to amend the Erwin Town Charter to permit annexation of areas 
lying within the corporate boundaries. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 537 (Committee Substitute), a bill to require tax information on deeds before 
they may be recorded in Mitchell County. 
Referred to Judiciary IV Committee. 

H.B. 623, a bill to allow Craven County to employ attachment or garnishment for 
ambulance services. 

Referred to Finance Committee. > ;-.,::* o?- ; 

H.B. 626, a bill authorizing Henderson County to levy a room occupancy and tour- 
ism development tax. 

Referred to Finance Committee. 

H.B. 629, a bill to authorize the Town of Blowing Rock to levy a room occupancy 
and tourism development tax. 

Referred to Finance Committee. 

H.B. 635, a bill to allow absentee voting conducted by the Mooresville Municipal 
Board of Elections. 

Referred to Election Laws Committee. 

H.B. 660, a bill to authorize the ABC Commission to close an insolvent ABC Sys- 
tem. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 717, a bill to make technical changes in the ABC Statutes. 
Referred to Alcoholic Beverage Control Committee. 



April 27, 1987 



1987] SENATE JOURNAL 287 

H.B. 747, a bill to require a water or sewer utility company to post a bond. 
Referred to Commerce Committee. 

S.B. 193 (House Committee Substitute), a bill to expand the traffic control author- 
ity of firemen and rescue squad members in emergency situations, for concurrence in 
the House Committee Substitute bill. 

Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 519, a bill relating to the appointment of members of the Lexington City 
Board of Education. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.J.R. 181, a joint resolution to honor the life and memory of Russell F. Van 
Landingham, a former member of the General Assembly. 

The joint resolution passes its second reading (electronically recorded) and its third 
reading, with members standing, and is ordered without objection sent to the House of 
Representatives by special messenger. 

S.B. 280, a bill to revise the license fees for hunting, trapping, and fishing, as 
amended. 

Senator Kincaid offers Amendment No. 3, 

Senator Rauch calls the previous question, seconded by Senator Harris. The call is 
sustained. 

Amendment No. 3 fails of adoption (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives. 

S.B. 422, a bill to amend the Business Corporation Act to provide for the protection 
of public shareholders of North Carolina organized corporations from being coerced by 
certain business combination practices and to be designated the North Carolina Share- 
holder Protection Act. 

On motion of Senator Soles, the bill is recommitted to the Judiciary IV Commit- 
tee. 

S.B. 449, a bill to authorize and to regulate the withdrawal or transfer of an as- 
sumed name as recommended by the General Statutes Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 71 (Senate Committee Substitute), a bill to establish the Legislative Commit- 
tee on New Licensing Boards and a review process for the creation of occupational and 
professional licensing boards, as amended. 

The Senate Committee Substitute bill, as amended, passes its second (electronically 
recorded) and third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate Committee Substitute bill. 

H.B. 913, a bill to appoint persons to various public offices upon the recommenda- 
tion of the Speaker of the House of Representatives. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 352, a bill to provide for service of parking violation citations, upon third 
reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 



April 27, 1987 



288 SENATE JOURNAL [Session 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina, for 
concurrence in House Amendments No. 1, No. 3, and No. 12. 

On motion of Senator Swain, consideration of the bill is postponed (electronically 
recorded) until tomorrow, April 28. 

WITHDRAWAL FROM COMMITTEE 

H.B. 520, a bill to appropriate funds from the Special Employment Administration 
Fund for the remainder of the 1986-87 fiscal year to collect and administer the tax 
levied by G.S. 96-9(b)(3)j. 

On motion of Senator Plyler, the rules are suspended and without objection, the bill 
is taken from the Appropriations Committee and is placed before the Senate for 
immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

The President recognizes the following pages serving in the Senate this week: Jason 
Tate Benson, Four Oaks; William Andrew Burris, Greensboro; Afiya Z. N. Carter, 
Durham; Blaire Nichol Creech, Tarboro; John Edwin Dosser, Wadesboro; Meredith 
Griffin, Raleigh; Christopher Thomas Hampton, Raleigh; Angela Michelle Hudson, 
Tarboro; Virginia Jenkins, Tarboro; Mary Lynn McGregor, Nashville; David Andrew 
Tannehill Price, Raleigh; Tammi Lynn Ringenbach, Raleigh; Doris Vera Scarboro, 
Raleigh; Marcia Louise Sherrod, Tarboro; Patricia Anne Sumrell, Raleigh; Laura 
Doris Swinson, Mt. Olive; Kelvin Bradley Watkins, Rockingham; and William Byrd 
Wooten, Tarboro. 

The President announces a joint session of the Senate and House of Representatives 
at 1:30 P.M., Tuesday, April 28, for the purpose of acting upon the confirmation of 
the Governor's Appointees to the State Board of Education, the State Controller, and 
Commissioner of Banks. 

On motion of Senator Royall, seconded by Senator Kaplan, the Senate adjourns to 
meet tomorrow at 1:15 P.M. 



3^ FIFTY-SIXTH DAY 

Senate Chamber, 
Tuesday, April 28, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, Thou Who art our refuge and our strength, we lift up this day all 
those in the General Assembly and in our State who have special needs. 

"Be with all who grieve the loss of a loved one and give them that peace which the 
world can neither give nor take away. 

"Be with those who are weary and heavy laden and cause them to hear Thee say, 
'Come unto Me all you who labor and are heavy laden, and I will give you rest.' 

"Be with all who have been battered and bruised by life. Relieve the hurting of their 
souls, heal the bruises of their bodies, and give them hope for a brighter tomorrow. 

"Be with all who are anxious and troubled. Lead them beside still waters, calm 
their spirits, and renew their strength. 

"Be with all who are sick and work Thy healing powers in them. 

"Be with all who are unemployed. Help them to retain a sense of self-worth and 
give them hope for meaningful employment in the days that lie ahead. 



April 28, 1987 



1987] SENATE JOURNAL 289 

"Minister to all these Thy children and give to each of us hearts of compassion that 
we too may reach out to them with love, affirmation, kindness, and support. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for today to Senator Staton who is attending 
a meeting of the Board of Directors of the Golden Corral Corporation, and to Senator 
Plyler. 

Senator Staton is noted present for a portion of today's session. 

The President grants courtesies of the floor to Dallas L. Alford, Jr. , former Senator 
from Nash County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 126, an act to regulate the adoption of voting systems by local governments. 
(Ch. 106) 

H.B. 236 (Committee Substitute), an act to provide that electric and telephone 
membership corporations may indemnify directors, officers, employees, or agents to 
the same extent as nonprofit corporations. (Ch. 107) 

H.B. 520, an act to appropriate funds from the Special Employment Administra- 
tion Fund for the remainder of the 1986-87 fiscal year to collect and administer the 
tax levied by G.S. 96-9(b)(3)j. (Ch. 108) 

H.B. 913, an act to appoint persons to various public offices upon the recommen- 
dation of the Speaker of the House of Representatives. (Ch. 109) 

S.B. 674, an act to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. (Ch. 110) 

S.J.R. 181, a joint resolution to honor the life and memory of Russell F. Van 
Landingham, a former member of the General Assembly. (Res. 16) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee, 

S.B. 260, a bill to require General Assembly review and approval of all changes in 
ceiling changes in the airspace over North Carolina, with a favorable report. 

S.B. 506, a bill to make various changes in the law relating to registers of deeds, 
with a favorable report, as amended. 

On motion of Senator Soles, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion, Committee Amend- 
ment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 



April 28, 1987 



290 SENATE JOURNAL [Session 

S.B. 687, a bill to amend the North Carolina Shareholder Protection Act, with a 
favorable report, as amended. 

Senator Soles offers a motion that the rules be suspended to the end that the bill be 
placed before the Senate for immediate consideration. 

The bill is temporarily displaced, with the motion pending. 

S.B. 343, a bill to provide that a business shall make available information needed 
to locate an absent parent for the purpose of collecting child support, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for Friday, May 1, for further consideration. 

S.B. 358, a bill clarifying that unemployment compensation benefits may be ad- 
ministratively withheld in IV-D child support cases, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for Friday, May 1, for further consideration. 

The hour having arrived for the Joint Session of the Senate and House of Represen- 
tatives as announced yesterday, April 27, pursuant to S.J.R. 144, a joint resolution 
providing that the Speaker of the House of Representatives and the President of the 
Senate may, during the 1987 Regular Session, provide for joint sessions of both 
Houses to act on confirmation of nominees or appointments , for the purpose of acting 
upon the confirmation of the appointments by the Governor of the Commissioner of 
Banks, the State Controller, and members of the State Board of Education, the Presi- 
dent orders a message sent to the House of Representatives informing that Honorable 
Body that the Senate stands ready to repair to the Hall of the House. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.J.R. 144 House of Representatives 

April 28, 1987 - - 

Mr. President: 

Pursuant to SJR 144, "A JOINT RESOLUTION PROVIDING THAT THE 
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF 
THE SENATE MAY, DURING THE 1987 REGULAR SESSION, PROVIDE FOR 
JOINT SESSIONS OF BOTH HOUSES TO ACT ON CONFIRMATION OF NOMI- 
NEES OR APPOINTMENTS," it is ordered that a message be sent your Honorable 
body with the information that the House of Representatives stands ready to receive 
the Senate in Joint Session, at 1:30 p.m., for the purpose of confirming, the Gover- 
nor's nominees, as Commissioner of the North Carolina State Banking Commission, 
the Controller of North Carolina, and to the North Carolina Board of Education. 

Respectfully, 
s/Grace A. Collins 
Principal Clerk 

On motion of Senator Harrington, the Senate recesses to repair to the Hall of the 
House of Representatives, there to sit in Joint Session, and on his further motion. 



April 28, 1987 



1987] SENATE JOURNAL 291 

upon dissolution of the Joint Session to return to the Senate Chamber for consideration 
of further business. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives, standing, 
and the Joint Session is called to order by Lieutenant Governor Robert B. Jordan III, 
President of the Senate. 

The Clerk of the Senate calls the roll of the Senate and the following members an- 
swer the call: 

Senators Barker, Barnes, Block, Bryan, Cobb, Conder, Daniel, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Rand, Rauch, Richardson, Roy all. Sands, Seymour, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 43. 

The call of the roll of the House of Representatives is taken electronically and the 
following members answer the call: 

Speaker Ramsey, Representatives Abernethy, Alexander, Anderson, Barbee, 
Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bowman, Boyd, Brannan, Brawley, B. 
Brown, J. Brown, Brubaker, Buchanan, Burke, Chalk, Chapin, Church, Cochrane, 
Colton, Cooper, N.J. Crawford, Cromer, Cunningham, Dawkins, Decker, DeVane, 
Diamont, Duncan, Easterling, Edwards, Enloe, Esposito, Bob Etheridge, L. 
Etheridge, Bruce Ethridge, Fitch, Fletcher, Fussell, Gardner, Gist, Grady, Green- 
wood, Grimmer, Hackney, Hall, Hardaway, Hasty, Hege, Holmes, Holt, Huffman, 
Judy Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, Jeralds, Jones, Justus, 
Keesee-Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, Locks, Lutz, McAlister, 
McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, Nesbitt, Nye, 
Owens, Payne, Perdue, Privette, Raynor, Red wine, Rhodes, Rhyne, Sizemore, 
Stamey, Tallent, Tart, R. Thompson, Tyndall, Walker, Warner, E. Warren, R. 
Warren, Wicker, Wilmoth, Windley, Wiser, and Woodard — 106. 

The President of the Senate declares a quorum present and announces the first order 
of business, it being the confirmation of the appointment by the Governor of the State 
Controller. 

The President of the Senate directs the Reading Clerk of the Senate to read the 
following messages from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

^ V ; J March 6, 1987 

The Honorable Robert B. Jordan III 
Lieutenant Governor 
State Legislative Office Building 
Raleigh, North Carolina 27611 

Re: Appointment of State Controller 

Dear Lieutenant Governor Jordan: . - 

Pursuant to N.C.G.S. 143B-426.37, I hereby appoint Dr. Farris W. Womack of 
Orange County, North Carolina, to be State Controller for the term beginning July 1, 



April 28, 1987 



292 SENATE JOURNAL [Session 

1987, and expiring June 30, 1994, subject to confirmation by the General Assembly. I 
hereby submit his name to the General Assembly for confirmation. 

I have previously appointed Dr. Womack to serve until July 1, 1987, pursuant to G. 
S. 143B-426. 37(b). 

Sincerely, 

s/James G. Martin 
Governor 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27611 

March 6, 1987 

The Honorable Liston B. Ramsey 

Speaker 

House of Representatives 

Legislative Building 

Raleigh, North Carolina 27611 

Re: Appointment of State Controller 

Dear Mr. Speaker: 

Pursuant to N.C.G.S. 143B-426.37, I hereby appoint Dr. Farris W. Womack of 
Orange County, North Carolina, to be State Controller for the term beginning July 1, 
1987, and expiring June 30, 1994, subject to confirmation by the General Assembly. I 
hereby submit his name to the General Assembly for confirmation. 

I have previously appointed Dr. Womack to serve until July 1, 1987, pursuant to G. 
S. 143B-426. 37(b). 

■; . > -■. ' "■:-^' ■■':.. „-;'^''- ■■/ '""' Sincerely, 

s/James G. Martin 
Governor 

Senator Guy, Chairman of the State Government Committee of the Senate, 
submits the following report: 

In compliance with the provisions of G.S. 143B-426.37, requiring that the ap- 
pointee to the Office of State Controller be subject to confirmation by the General 
Assembly, Governor Martin has submitted for confirmation the following name: 

Dr. Farris W. Womack of Orange County 

The Senate Committee on State Government has considered the appointee, has 
found him to be qualified by education and experience for the office, and makes the 
following recommendation: 

That the appointment of Dr. Farris W. Womack to the Office of 
State Controller for the term beginning July 1, 1987, and expiring June 
30, 1994, be confirmed. 

Senator Guy offers a motion that the Senate do confirm the appointment of Dr. 
Farris W. Womack as State Controller. The motion prevails by roll-call vote, ayes 
44, noes 0, as follows: 

Voting in the affirmative: Senators AUran, Barker, Barnes, Block, Cobb, Conder, 
Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt 



April 28, 1987 



1987] SENATE JOURNAL 293 

of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 44. 
Voting in the negative: None. 

The President of the Senate relinquishes the gavel to Speaker Ramsey. 

Representative Hightower, Chairman, of the State Government Committee of 
the House of Representatives, submits the following report: 

In compliance with the provisions of N.C.G.S. 143B-426.37 that the appointment 
of the State Controller be subject to confirmation by the General Assembly, Governor 
Martin has submitted for confirmation by the General Assembly the following name: 

Dr. Farris W. Womack of Orange County for the term beginning 
July 1, 1987, and expiring June 30, 1994. 

The House State Government Committee has considered the nominee and makes 
the following recommendation: 

That the nomination of Dr. Farris W. Womack as State Controller, 
be confirmed. 

Representative Hightower offers a motion that the House of Representatives do con- 
firm the appointment of Dr. Farris W. Womack as State Controller. The motion 
prevails by roll-call vote, ayes 114, noes 0, as follows: 

Those voting in the affirmative are: Speaker Ramsey, Representatives Abernethy, 
Alexander, Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bow- 
man, Boyd, Brannan, Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Burke, 
Chalk, Chapin, Church, Cochrane, Colton, Cooper, J.W. Crawford, N.J. Crawford, 
Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, 
Edwards, Enloe, Esposito, Bob Etheridge, L. Etheridge, Bruce Ethridge, Fitch, 
Fletcher, Freeman, Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, Hackney, 
Hall, Hardaway, Hasty, Hege, Hightower, Holmes, Holroyd, Holt, Huffman, 
Hughes, Judy Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, Jeralds, Jones, Jus- 
tus, Keesee-Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, Locks, Lutz, 
McAlister, McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, Nesbitt, 
Nye, Owens, Payne, Perdue, Privette, Raynor, Redwine, Rhodes, Rhyne, Rogers, 
Sizemore, Stamey, Starnes, Tallent, Tart, R. Thompson, Tyndall, Walker, Warner, 
E. Warren, R. Warren, Wicker, Wilmoth, Windley, Wiser, Woodard, and 
Wright— 114. 

Voting in the negative: None. 

The Speaker of the House of Representatives relinquishes the gavel to Lieutenant 
Governor Jordan. 

Having received an affirmative majority vote of both Houses, the President of the 
Senate announces the appointment of Dr. Farris W. Womack as State Controller for a 
term to expire June 30, 1994, is confirmed. 

The President of the Senate announces the second order of business is the confirma- 
tion of appointments by the Governor to the State Board of Education. 

The President of the Senate directs the Reading Clerk of the Senate to read the 
following message from the Governor: 



April 28. 1987 



294 SENATE JOURNAL [Session 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 

March 17, 1987 

The Honorable Robert B. Jordan III 
Lieutenant Governor of North Carolina 
State Legislative Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Jordan: 

I hereby transmit to you the names of the following persons appointed by me to the 
State Board of Education and submit them to the General Assembly for confirmation, 
pursuant to North Carolina General Statute Section 115C-10. 

1. Patricia H. Neal ^ 
Durham County 

At-large member > <> ,/ ,jj 

2. William C. Meekins u^-) 
^.^ , Pasquotank County 

'?•''' ' Education District No. 1 

3. Howard H. Haworth 
Burke County 
Education District No. 7 

Thank you in advance for your assistance on this matter. 

Sincerely. 

s /James G. Martin 
..jn Governor 

Senator Warren, Chairman of the Education Committee of the Senate, submits 
the following report: 

In compliance with the provisions of Article IX, Sec. 4, of the N. C. Constitution, 
and G.S. 115C-10 requiring that appointees to the State Board of Education shall be 
subject to confirmation by the General Assembly in Joint Session, Governor Martin 
has submitted for confirmation by the General Assembly the following names: 

Howard H. Haworth 
William C. Meekins, Jr. 
Patricia H. Neal 

The Senate Committee on Education has considered the appointees and makes the 
following recommendation to the Joint Session: 

That the appointments of Howard H. Haworth, William C. Meekins, 
Jr., and Patricia H. Neal to the State Board of Education be con- 
firmed. 

Senator Warren offers a motion that the Senate do confirm the appointment of 
Patricia H. Neal as a member-at-large of the State Board of Education. The motion 
prevails by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 



April 28, 1987 



1987] SENATE JOURNAL 295 

of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Simpson, Smith, Soles, Somers, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 42. 
Voting in the negative: None. 

Senator Warren offers a motion that the Senate do confirm the appointment of Wil- 
liam C. Meekins, Jr., as the member representing Education District No. 1 on the 
State Board of Education. The motion prevails by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~45. 

Voting in the negative: None. 

Senator Warren offers a motion that the Senate do confirm the appointment of 
Howard H. Haworth as the member representing Education District No. 7 on the 
State Board of Education. The motion prevails by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner~45. 

Voting in the negative: None. 

The President of the Senate relinquishes the gavel to Speaker Ramsey. 

The Speaker of the House of Representatives directs the Reading Clerk of House to 
read the following message from the Governor: 

,.u STATE OF NORTH CAROLINA 

.•r . s, OFFICE OF THE GOVERNOR 

\.. ::....-., i RALEIGH 27611 

March 17, 1987 

The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
N. C. General Assembly 
Raleigh, North Carolina 27611 

Dear Speaker Ramsey: 

I hereby transmit to you the names of the following persons appointed by me to the 
State Board of Education and submit them to the General Assembly for confirmation, 
pursuant to North Carolina General Statute Section 115C-10. 

, 1. Patricia H. Neal 

-' ' Durham County 

At-large member 

2. William C. Meekins 
Pasquotank County 
Education District No. 1 



April 28, 1987 



296 SENATE JOURNAL [Session 

3. Howard H. Haworth 
Burke County 
Education District No. 7 

Thank you in advance for your assistance on this matter. 

Sincerely. 

s/James G. Martin 
Governor 

Representative Fussell, Chairman of the Education Committee of the House of 
Representatives submits the following report: 

In compliance with North Carolina General Statute Section 115C-10, that nominees 
Patricia H. Neal, William C. Meekins, Jr., and Howard Haworth be appointed to the 
State Board of Education, subject to confirmation by the General Assembly in Joint 
Session, the Committee on Education submits the following recommendation: 

To confirm ^^ h^ . 

Not to confirm 



Representative Fussell offers a motion that the House of Representatives do confirm 
the appointment of Patricia H. Neal as a member-at-large of the State Board of Edu- 
cation. The motion prevails by roll-call vote, ayes 116, noes 0, as follows: 

Voting in the affirmative are: Speaker Ramsey, Representatives Abernethy, 
Alexander, Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Bowen, Bowman, 
Boyd, Brannan, Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Bumgardner, 
Burke, Chalk, Chapin, Church, Cochrane, Colton, Cooper, J.W. Crawford, N.J. 
Crawford, Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, 
Easterling, Edwards, Enloe, Esposito, Bob Etheridge, L. Etheridge, Bruce Ethridge, 
Fitch, Fletcher, Freeman, Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, 
Hackney, Hall, Hardaway, Hasty, Hege, Hightower, Holmes, Holroyd, Holt, Huf- 
fman, Hughes, Judy Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, Jeralds, 
Jones, Justus, Keesee-Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, Locks, 
Lutz, McAlister, McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, 
Nesbitt, Nye, Owens, Payne, Perdue, Privette, Raynor, Redwine, Rhodes, Rhyne, 
Rogers, Sizemore, Stamey, Starnes, Tallent, Tart, R. Thompson, S. Thompson, 
Tyndall, Walker, Warner, E. Warren, R. Warren, Watkins, Wicker, Wilmoth, 
Windley, Wiser, Woodard, and Wright - 116. 

Voting in the negative: None. 

Representative Fussell offers a motion that the House of Representatives do confirm 
the appointment of William C. Meekins, Jr. as the member representing Education 
District No. 1 on the State Board of Education. The motion prevails by roll-call vote, 
ayes 115, noes 1, as follows: 

Voting in the affirmative: Speaker Ramsey, Representatives Abernethy, Alexander, 
Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Bowen, Bowman, Boyd, Bran- 
nan, Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Bumgardner, Burke, 
Chalk, Chapin, Church, Cochrane, Colton, Cooper, J.W. Crawford, N.J. Crawford, 
Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, 
Edwards, Enloe, Esposito, Bob Etheridge, L. Etheridge, Bruce Ethridge, Fletcher, 
Freeman, Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, Hackney, Hall, Har- 
daway, Hasty, Hege, Hightower, Holmes, Holroyd, Holt, Huffman, Hughes, Judy 
Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, Jeralds, Jones, Justus, Keesee- 
Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, Locks, Lutz, McAlister, 
McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, Nesbitt, Nye, 



April 28, 1987 



1987] SENATE JOURNAL 297 

Owens, Payne, Perdue, Privette, Raynor, Red wine, Rhodes, Rhyne, Rogers, 
Sizemore, Stamey, Starnes, Tallent, Tart, R. Thompson, S. Thompson, Tyndall, 
Walker, Warner, E. Warren, R. Warren, Watkins, Wicker, Wilmoth, Windley, 
Wiser, Woodard, and Wright— 115. 

Voting in the negative: Representative Fitch — 1. 

Representative Fussell offers a motion that the House of Representatives do confirm 
the appointment of Howard H. Haworth as the member representing Education Dis- 
trict No. 7 on the State Board of Education. The motion prevails by roll-call vote, 
ayes 113, noes 2, as follows: 

Voting in the affirmative: Speaker Ramsey, Representatives Abernethy, Alexander, 
Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bo wen, Boyd, Brannan, 
Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Bumgardner, Chalk, Chapin, 
Church, Cochrane, Colton, Cooper, J.W. Crawford, N.J. Crawford, Cromer, Cun- 
ningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, Edwards, 
Enloe, Esposito, Bob Etheridge, L. Etheridge, Bruce Ethridge, Fletcher, Freeman, 
Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, Hackney, Hall, Hasty, Hege, 
Hightower, Holmes, Holroyd, Holt, Huffman, Hughes, Judy Hunt, S. Hunt, Hunter, 
Isenhower, James, Jarrell, Jeralds, Jones, Justus, Keesee-Forrester, Kennedy, Kerr, 
Ligon, Lilley, Lineberry, Locks, Lutz, McAlister, McLaughlin, Mavretic, Michaux, 
Miller, Mothershead, Murphy, Nesbitt, Nye, Owens, Payne, Perdue, Privette, 
Raynor, Red wine, Rhodes, Rhyne, Rogers, Sizemore, Stamey, Starnes, Tallent, 
Tart, R. Thompson, S. Thompson, Tyndall, Walker, Warner, E. Warren, R. War- 
ren, Watkins, Wicker, Wilmoth, Windley, Wiser, Woodard, and Wright — 113. 

Voting in the negative: Representatives Burke and Fitch — 2. 

The Speaker of the House of Representatives relinquishes the gavel to the President 
of the Senate. 

Having received an affirmative majority vote of both Houses, the President of the 
Senate announces the appointments of Patricia H. Neal as a member-at-large, Wil- 
liam C. Meekins, Jr. representing Education District No. 1, and Howard H. Haworth 
representing Education District No. 7 to the State Board of Education are confirmed. 

The President of the Senate announces the last order of business to come before this 
Joint Session is the confirmation of the appointment by the Governor of William T. 
Graham as Commissioner of Banks. 

The President of the Senate relinquishes the gavel to Speaker Ramsey. 

The Speaker of the House of Representatives directs the Reading Clerk of the House 
to read the following message from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27611 

March 23, 1987 

The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
State Legislative Building 
Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Speaker Ramsey: 

Pursuant to North Carolina General Statute Section 53-92, I hereby appoint William 
T. Graham, Forsyth County, North Carolina as Commissioner of Banks to serve a 



April 28, 1987 



298 SENATE JOURNAL [Session 

term Beginning April 1, 1987, and expiring March 31, 1991, subject to confirmation by 
the General Assembly in joint session. Furthermore, I hereby submit his name to the 
General Assembly for said confirmation. 

Sincerely, 
s/James G. Martin 
Governor 

Representative Fletcher, Chairman of the Banks and Thrift Institutions Com- 
mittee of the House of Representatives, submits the following report: 

In compliance with North Carolina General Statute Section 53-92, that nominee 
William T. Graham, fill the position of Commissioner of Banks, subject to confirma- 
tion by the General Assembly in Joint Session, the Committee on Banks and Thrift 
Institutions submits the following recommendation: 

To confirm ^^ 

Not to confirm 



Representative Fletcher offers a motion that the House of Representatives do con- 
firm the appointment of William T. Graham as Commissioner of Banks. The motion 
prevails by roll-call vote, ayes 117, noes 0, as follows: 

Voting in the affirmative: Speaker Ramsey, Representatives Abernethy, Alexander, 
Anderson, Barbee, Barnes, Barnhill, Beall, Beard, Blue, Bo wen. Bowman, Boyd, 
Brannan, Brawley, B. Brown, J. Brown, Brubaker, Buchanan, Bumgardner, Burke, 
Chalk, Chapin, Church, Cochrane, Colton, Cooper, J.W. Crawford, N.J. Crawford, 
Cromer, Cunningham, Dawkins, Decker, DeVane, Diamont, Duncan, Easterling, 
Edwards, Enloe, Esposito, Bob Etheridge, L. Etheridge, Bruce Ethridge, Fitch, 
Fletcher, Freeman, Fussell, Gardner, Gist, Grady, Greenwood, Grimmer, Hackney, 
Hall, Hardaway, Hasty, Hege, Hightower, Holmes, Holroyd, Holt, Huffman, 
Hughes, Judy Hunt, S. Hunt, Hunter, Isenhower, James, Jarrell, Jeralds, Jones, Jus- 
tus, Keesee-Forrester, Kennedy, Kerr, Ligon, Lilley, Lineberry, Locks, Lutz, 
McAlister, McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, Nesbitt, 
Nye, Owens, Payne, Perdue, Privette, Raynor, Redwine, Rhodes, Rhyne, Rogers, 
Sizemore, Stamey, Starnes, Tallent, Tart, R. Thompson, S. Thompson, Tyndall, 
Walker, Warner, E. Warren, R. Warren, Watkins, Wicker, Wilmoth, Windley, 
Wiser, Woodard, and Wright~117. 

Voting in the negative: None. 

The Speaker of the House of Representatives relinquishes the gavel to Lieutenant 
Governor Jordan. 

The President of the Senate directs the Reading Clerk of the Senate to read the 
following message from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 2761 IC 

March 23, 1987 

The Honorable Robert B. Jordan III 
Lieutenant Governor 
State Legislative Building 
Raleigh, North Carolina 27611 

Re: North Carolina Commissioner of Banks 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 53-92, I hereby appoint William 
T. Graham, Forsyth County, North Carolina as Commissioner of Banks to serve a 



April 28, 1987 



1987] SENATE JOURNAL 299 

term Beginning April 1, 1987, and expiring March 31, 1991, subject to confirmation by 
the General Assembly in joint session. Furthermore, I hereby submit his name to the 
General Assembly for said confirmation. 

. < , / Sincerely, 

' s/James G. Martin 

Governor 

Senator Hardison, Chairman of the Commerce Committee of the Senate, sub- 
mits the following report: 

In compliance with the provisions of G.S. 53-92 requiring that appointees to the 
office of Commissioner of Banks shall be subject to confirmation by the General As- 
sembly in Joint Session, Governor Martin has submitted for confirmation by the Gen- 
eral Assembly the following name: 

William Thomas Graham 

The Senate Committee on Commerce has considered the appointee and makes the 
following recommendation to the Joint Session: 

That the appointment of William Thomas Graham as Commissioner 
of Banks be confirmed. 

Senator Hardison offers a motion that the Senate do confirm the appointment of 
William T. Graham as Commissioner of Banks. The motion prevails by roll-call 
vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, 
Rauch, Richardson, Roy all. Sands, Seymour, Shaw, Simpson, Smith, Soles, Somers, 
Speed, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

Having received an affirmative majority vote of both Houses, the President of the 
Senate announces the appointment of William T. Graham as Commissioner of Banks 
for the State of North Carolina for a term to expire March 31, 1991, is confirmed. 

The President of the Senate orders the Governor notified of the actions of the Gen- 
eral Assembly taken this date sitting in Joint Session upon the confirmation of ap- 
pointments. 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular order of business. 

COMMITTEE REPORTS (Continued) 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee. 

S.B. 407, a bill to allow Sampson County and municipalities located therein to 
engage in economic development activities, with a favorable report. 

S.B. 435, a bill to authorize Mecklenburg County to provide notice by publication 
for amendments to the zoning ordinance, with a favorable report. 



April 28, 1987 



300 SENATE JOURNAL [Session 

S.B. 436, a bill to authorize Mecklenburg County to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations, with a favor- 
able report. 

S.B. 437, a bill to authorize Mecklenburg County to require dedication of recrea- 
tional areas and facilities as a condition to permit approval, with a favorable report. 

S.B. 438, a bill relating to zoning in Mecklenburg County and the City of Charlotte, 
with a favorable report. 

S.B. 439, a bill to authorize the Charlotte-Mecklenburg Planning Commission to 
hold the public hearing for amendments to zoning boundaries and maps and major 
planned development permits, with a favorable report. 

S.B. 441, a bill to authorize Mecklenburg County to provide notice by publication 
for a comprehensive zoning reclassification, with a favorable report. 

S.B. 442, a bill to authorize the City of Charlotte to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations, with a favor- 
able report. 

S.B. 443, a bill to authorize the City of Charlotte to provide notice by publication 
for amendments to the zoning ordinance, with a favorable report. 

S.B. 444, a bill to authorize the City of Charlotte to provide notice by publication 
for a comprehensive zoning reclassification, with a favorable report. 

S.B. 445, a bill to authorize the City of Charlotte to require dedication of recrea- 
tional areas and facilities as a condition to permit approval, with a favorable report. 

S.B. 446, a bill to authorize a majority vote of the zoning board of adjustment for 
the City of Charlotte, with a favorable report. 

S.B. 448, a bill to authorize the City of Charlotte and Mecklenburg County to cre- 
ate a development code enforcement board, with a favorable report. 

S.B. 492, a bill to authorize municipalities within Gaston County to enter into 
agreements concerning annexations, with a favorable report. 

S.B. 580, a bill to expand the Polk County Development Commission, with a fa- 
vorable report. 

S.B. 610, a bill to further clarify the authority of the City of Durham to make grants 
and loans for economic development serving the needs of persons of low and moderate 
income, with a favorable report. 

S.B. 618, a bill to amend the Charter of the City of Sanford, with a favorable 
report. 

S.B. 636, a bill to permit Nash County to appropriate additional funds for industrial 
development, with a favorable report. 

H.B. 366, a bill to allow digging of ditches in Bladen County below a certain level 
for storm or drainage sewer lines, with a favorable report. 

S.B. 440, a bill to authorize Mecklenburg County to file with the register of deeds a 
notice of special conditions attached to the zoning of the property, with a favorable 
report, as amended. 



April 28, 1987 



1987] SENATE JOURNAL 301 

S.B. 447, a bill to amend G.S. 160A-381 to authorize the City of Charlotte to file 
with the register of deeds a notice of special conditions attached to the zoning of the 
property, with a favorable report, as amended. 

S.B. 514, a bill authorizing the combined municipalities of Apex, Holly Springs 
and Fuquay-Varina to establish an airport authority for the purpose of acquiring 
lands, constructing and operating an airport and vesting in said airport authority all 
powers set out in Chapter 63 of the General Statutes of North Carolina, with a favor- 
able report, as amended. 

S.B. 629, a bill to provide that the Town of Maiden and the County of Catawba 
need not mail zoning notices for a revision of the complete zoning ordinance or map, 
with a favorable report, as amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee. 

S.B. 423, a bill to revise and consolidate the Charter of the Town of Elkin, with a 
favorable report. 

H.B. 443, a bill to provide that the general law regarding setting the official bond of 
the Sheriff shall apply to Guilford County, with a favorable report. 

H.B. 469, a bill to authorize Clay, Graham, Jackson, and Macon Counties to cre- 
ate travel and tourism authorities and to remit the county occupancy tax proceeds to 
the authorities to promote travel and tourism, with a favorable report. 

H.B. 481, a bill to change the procedure used by Wayne County in altering the 
structure of the Board of Commissioners, with a favorable report. 

H.B. 483, a bill concerning the construction of a building by the Alamance-Cas- 
well Area Mental Health, Mental Retardation and Substance Abuse Authority, with a 
favorable report. 

H.B. 484, a bill to permit the City of Burlington to convey at private sale to the 
Allied Churches of Alamance County, Inc. , the old City of Burlington Police Building 
and certain adjacent property, with a favorable report. 

H.B. 502, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, Nags 
Head, and Southern Shores to impose facility fees for police department capital im- 
provements, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Finance Com- 
mittee. 

H.B. 505, a bill to exempt the County of Stokes from certain zoning notice require- 
ments, with a favorable report. 

H.B. 508, a bill to allow additional time for the City of Charlotte to adopt city 
regulations for newly annexed areas or extension of the City's jurisdiction, with a fa- 
vorable report. 

S.B. 290, a bill to amend the Charter of the City of Charlotte relating to the estab- 
lishment of contract specification requirements, with a favorable report, as amended. 

By Senator Johnson of Wake for the Judiciary II Committee. 

S.B. 245, a bill to promote peer review activities of health care providers and to 
require risk management programs and hospital privilege procedures in hospitals, with 
a favorable report, as amended. 



April 28, 1987 



302 SENATE JOURNAL [Session 

By Senator Parnell for the Insurance Committee. 

S.B. 466, a bill to extend the sunset provision in the Risk Sharing Plan Act of 1986, 
with a favorable report. 

By Senator Swain for the Judiciary III Committee. 

S.B. 679, a bill to change the timing provision for entry of appeal when a motion 
for appropriate relief has been filed, with a favorable report. 

H.B. 188 (Committee Substitute), a bill to clarify the law regarding detention of a 
juvenile bound over to Superior Court, with a favorable report. 

H.B. 485, a bill to allow state law enforcement officers to purchase any weapon 
worn or carried by the officer when the state law enforcement agency changes the type 
of weapons used, with a favorable report. 

By Senator Martin of Guilford for the Higher Education Committee. 

S.B. 488, a bill to extend the terms of office of trustees in the Community College 
System and to provide for staggered terms of appointments, with a favorable report. 

S.B. 36, a bill to convert Nash, Edgecombe, and Richmond Technical Colleges to 
Community Colleges, with a favorable report, as amended. 

On motion of Senator Martin of Guilford, the rules are suspended and the bill is 
placed before the Senate for immediate consideration, and on his further motion. 
Committee Amendment No. 1, which changes the title to read, S.B. 36, a bill to 
convert Nash, Edgecombe, Cleveland and Richmond Technical Colleges to Commu- 
nity Colleges, is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

S.B. 429, a bill to regulate conversion of institutions in the Community College 
System, with a favorable report, as amended. 

By Senator Barnes for the Judiciary I Committee. 

S.B. 575, a bill to provide for cooperation between state, local and federal law 
enforcement agencies in special undercover operations, with a favorable report. 

S.B. 607, a bill to modify and expand the distribution by the Office of Administra- 
tion Hearings of the North Carolina register and other documents, with a favorable 
report. 

On motion of Senator Barnes, the bill is re-referred to the Finance Committee. 

H.B. 359, a bill to provide that a dealer is not required to keep sales records of 
pistol cartridges, with a favorable report. 

S.B. 687, a bill to amend the North Carolina Shareholder Protection Act, reported 
from the Judiciary IV Committee today and is temporarily displaced. 

The motion of Senate Soles to suspend the rules and place the bill before the Senate 
for immediate consideration prevails, without objection. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

Senator Winner offers Amendment No. 2 which is adopted (electronically re- 
corded) . 

Senator Winner offers Amendment No. 3 which is adopted (electronically re- 
corded) . 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, engrossed and sent to the House of Representatives 
by special messenger. 



April 28, 1987 



1987] SENATE JOURNAL 303 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Rand: 

S.B. 689, a bill to allow the Supreme Court to designate a commercial publication 
as the Official Reports of the Appellate Division, or allow a contract for publication of 
those reports. 

Referred to Judiciary IV Committee. 

By Senators Hipps and Thomas: 

S.B. 690, a bill to appropriate funds for a multi-purpose educational building at the 
Mountain Research Station in Waynesville. 
Referred to Appropriations Committee. 

By Senators Hipps, Allran, and Tally: 

S.B. 691, a bill to eliminate statewide standardized testing of children in the first 
and second grades. 

Referred to Education Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson 
of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, 
Richardson, Royall, Sands, Seymour, Sherron, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner: 

S.B. 692, a bill regarding the adulteration or misbranding of food, drugs, or cos- 
metics with intent to cause serious injury or death. 
Referred to Judiciary IV Committee. 

By Senators Plyler, Rand, and Conder: 

S.B. 693, a bill to honor the service of J. Robert Gordon to the North Carolina 
Wildlife Resources Commission and proclaiming the designation of the J. Robert Gor- 
don Sandhills Field Trial Area in recognition of his service. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Shaw: 

S.B. 694, a bill to prohibit students from standing on school buses. 
Referred to Education Committee. 

By Senators Rauch, Plyler, Marvin, and Harris: 

S.B. 695, a bill to appropriate funds for start-up costs and operating expenses of 
Gaston Residential Services, Inc. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 513, a bill to clarify the Nursing Home Bill of Rights regarding nursing home 
beds being available on return from the hospital. 
Referred to Human Resources Committee. 



April 28, 1987 



304 SENATE JOURNAL [Session 

H.B. 607, a bill to make technical amendments regarding apportionment of the 
federal estate tax burden. 

Referred to Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 372 (Committee Substitute), a bill to limit the liability of a trustee, officer, or 
director of a nonprofit corporation. 

On motion of Senator Barnes, consideration of the Committee Substitute bill is post- 
poned until tomorrow, April 29. 

S.B. 396, a bill to name "milk" as the State Beverage of North Carolina. 
On motion of Senator Rand, consideration of the bill is postponed until tomorrow, 
April 29. 

S.B. 404, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded) . 

Senator Ezzell calls the previous question, seconded by Senator Smith. The call is 
sustained. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Block to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.J.R. 522, a joint resolution honoring the centennial of the Town of Southern 
Pines and the memory of its founders. 

On motion of Senator Hunt of Moore, consideration of the joint resolution is post- 
poned until Monday, May 11. 

H.B. 12, a bill to provide for coded bill drafts, where the law to be amended is set 
out showing the deletions and insertions proposed by the bill. 

On motion of Senator Barnes, consideration of the bill is postponed until tomorrow, 
April 29. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General Stat- 
utes by correction of the description of the official survey base for the State of North 
Carolina. 

On motion of Senator Swain, consideration of the Committee Substitute bill is post- 
poned until tomorrow, April 29. 

S.B. 164, a bill to provide for the sale of clean detergents in North Carolina, for 
concurrence in House Amendments No. 1, No. 3, and No. 12. 

On motion of Senator Walker, the Senate concurs (electronically recorded) in 
House Amendments No. 1, No. 3, and No. 12, and the bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Staton, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



April 28, 1987 



1987] SENATE JOURNAL 305 

- n ^^ FIFTY-SEVENTH DAY 

( ^!'= '^d. {^-.i'.i--''^ :~.y.- ' :'f y^'V Senate Chamber, 

Wednesday, April 29, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Joseph Bethea, Raleigh District Superintendent of the North 
Carolina Conference of the United Methodist Church, as follows: 

"Almighty God, Creator of all that was, that is, and that ever is to come; we give 
You thanks for who we are and what we have. These are gifts of Your abiding love 
and, while we do not always give voice to it, deep in our hearts, we are grateful. 

"Bless our Lieutenant Governor and the Members and staff of the Senate of North 
Carolina that, in their deliberations, they may seek both what is best for Your people 
and right in Your sight and grant that we may have the wisdom and insight to under- 
stand that Your will and the people's good need never be in conflict. Amen." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Harrington, Kincaid, and Taft 
for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

Without objection, the Chair announces that all bills reported from Committee to- 
day are placed on the Calendar for Friday, May 1, except S.J.R. 540, a joint resolu- 
tion honoring the memory of H. Vinson Bridgers, former State Senator and S.J.R. 
583, a joint resolution honoring the life and memory of Cameron S. Weeks, former 
member of the North Carolina General Assembly, which are placed on the Calendar 
for tomorrow, April 30. 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 600, a bill to provide monies for research relating to the cause and remedy for 
the fish disease ulcerated mycosis, with a favorable report. 

On motion of Senator Tally, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 404, a bill to authorize the taking of black bears in certain counties, with a 
favorable report. 

H.B. 536, a bill regulating hunting in Greene County, with a favorable report. 

H.B. 599, a bill to amend G.S. 113-273 with respect to wild turkeys held under a 
game bird propagation license, with a favorable report. 

H.B. 602, a bill to amend G.S. 113-291.1 relating to the manner of taking migra- 
tory game birds, with a favorable report. 



April 29, 1987 



306 SENATE JOURNAL [Session 

S.B. 576, a bill to amend the North Carolina Geologists Licensing Act, with a 
favorable report, as amended. 

On motion of Senator Sands, the bill is placed on the Calendar for Monday, May 4. 

By Senator Roy all, Vice-Chairman, for Senator Harrington, for the Rules and 
Operation of the Senate Committee: 

S.J.R. 540, a joint resolution honoring the memory of H. Vinson Bridgers, former 
State Senator, with a favorable report. 

S.J.R. 583, a joint resolution honoring the life and memory of Cameron S. Weeks, 
former member of the North Carolina General Assembly, with a favorable report. 

By Senator Rauch for the Finance Committee: 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax, with a 
favorable report. 

S.B. 299, a bill to provide a special migratory waterfowl hunting license and to 
prescribe the penalty for migratory game bird violations, with a favorable report. 

H.B. 108, a bill to extend from three to five years the time for demanding property 
tax refunds, with a favorable report. i >;^;?i5 v 

H.B. 305, a bill to authorize Yancey County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H.B. 403, a bill to change the method by which property owned by a nonprofit 
homeowners' association is taxed, with a favorable report. 

H.B. 420, a bill to authorize Mitchell County to levy a room occupancy and tour- 
ism development tax, with a favorable report. 

H.B. 429, a bill to authorize the levy of a room occupancy and tourism develop- 
ment tax in Averasboro Township in Harnett County, with a favorable report. 

H.B. 540, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax, with a favorable report. 

S.B. 263, a bill to provide authority to establish laboratory certification fees, with a 
favorable report, as amended. 

S.B. 113, a bill to provide a State income tax credit to employers who create jobs in 
severely distressed counties of the State, with an unfavorable report as to bill, but 
favorable report as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Friday, May 1. 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

S.B. 479, a bill to permit the issuance of brown-bagging permits to veterans organi- 
zations, with a favorable report. 

H.B. 296, a bill to change the distribution of the net profits from the Madison and 
the Reidsville ABC Stores, with a favorable report. 



April 29, 1987 



1987] SENATE JOURNAL 307 

H.B. 394, a bill to change the distribution of profits from the ABC stores in Sunset 
Beach, with a favorable report. 

H.B. 660, a bill to authorize the ABC Commission to close an insolvent ABC Sys- 
tem, with a favorable report. 

H.B. 717, a bill to make technical changes in the ABC Statutes, with a favorable 
report. 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 246, a bill to authorize the Commissioner of Insurance to conduct closed claim 
studies of medical malpractice claims, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill which changes the title to read S.B. 246 (Committee Substitute), a bill 
to reinstate the 1976 Professional Liability Reporting Act and to authorize the Com- 
missioner of Insurance to conduct studies of medical malpractice claims is placed 
before the Senate for immediate consideration, and on his further motion, the Com- 
mittee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Friday, May 1. 

By Senator Goldston for the Transportation Committee: 

S.B. 397, a bill to provide for driveway permit processes, with a favorable report. 

RE-REFERRALS 

S.B. 612, a bill to repeal the laws relating to trademarks of mineral waters and 
beverages. 

Without objection, on motion of Senator Seymour the bill is taken from the Alco- 
holic Beverage Control Committee and re-referred to the Judiciary III Com- 
mittee. 

S.B. 214, a bill to provide for the election of district and superior court judges on a 
nonpartisan basis, and provide for the election of superior court judges in their dis- 
tricts. 

Without objection, on motion of Senator Kaplan the bill is taken from the Election 
Laws Committee and re-referred to the Judiciary IV Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 164, an act to provide for the sale of clean detergents in North Carolina. (Ch. 
Ill) 

H.B. 4 (Committee Substitute), an act to permit the Agricultural Finance Authority 
to engage in certain investments, and to temporarily exempt it from the Administrative 
Procedure Act. (Ch. 112) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ezzell: 

S.B. 696, a bill to refer pending incorporation bills to the Joint Legislative Commis- 
sion on Municipal Incorporations. 

Referred to Local Government and Regional Affairs I Committee. 



April 29, 1987 



308 SENATE JOURNAL [Session 

By Senator Hardison: 

S.B. 697, a bill to eliminate consent to rate for professional liability insurance in- 
creases. 

Referred to Insurance Committee. 

By Senators Martin of Guilford and Guy: 

S.B. 698, a joint resolution authorizing the Legislative Research Commission to 
study reimbursement for preventive health care. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford, Conder, Hipps, and Rand: 

S.B. 699, a bill to enact the school and student improvement program. 
Referred to Education Committee. 

By Senator Harris: 

S.B. 700, a bill to permit the Department of Human Resources to enter into inter- 
state reciprocal agreements for the transfer of driving under the influence offenders. 
Referred to Judiciary III Committee. 

By Senator Rauch: 

S.B. 701, a bill to establish a septage management program in the Department of 
Human Resources. 

Referred to Human Resources Committee. 

By Senators Royall, Ezzell, Hunt of Moore, Marvin, Sherron, Smith, and Ward: 

S.B. 702, a bill to coordinate the various post-retirement benefits for law enforce- 
ment officers and to redistribute criminal court cost receipts for these purposes. 
Referred to Pensions and Retirement Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 441 (Committee Substitute), a bill to allow certain named municipalities to 
dispose of agricultural commodities in any manner regardless of its value. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 552, a bill to extend the corporate limits of the Town of Rutherfordton. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 554, a bill to revise and consolidate the Charter of the City of Kinston. 
Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 407, a bill to allow Sampson County and municipalities located therein to 
engage in economic development activities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 
Voting in the affirmative: Senators AUran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 



April 29, 1987 



1987] SENATE JOURNAL 309 

of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 423, a bill to revise and consolidate the Charter of the Town of Elkin, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 438, a bill relating to zoning in Mecklenburg County and the City of Charlotte, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 492, a bill to authorize municipalities within Gaston County to enter into 
agreements concerning annexations, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 514, a bill authorizing the combined municipalities of Apex, Holly Springs 
and Fuquay-Varina to establish an airport authority for the purpose of acquiring 
lands, constructing and operating an airport and vesting in said airport authority all 
powers set out in Chapter 63 of the General Statutes of North Carolina, upon second 
reading. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. The bill, 
as amended, passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 



April 29, 1987 



310 SENATE JOURNAL [Session 

Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for Friday, May 1, for further con- 
sideration upon third reading. 

S.B. 610, a bill to further clarify the authority of the City of Durham to make grants 
and loans for economic development serving the needs of persons of low and moderate 
income, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators AUran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 618, a bill to amend the Charter of the City of Sanford, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Friday, May 1, for further consideration upon 
third reading. 

S.B. 260, a bill to require General Assembly review and approval of all changes in 
special use airspaces in the airspace over North Carolina. 

On motion of Senator Soles, the bill is recommitted to the Judiciary IV Commit- 
tee. 

S.B. 629, a bill to provide that the Town of Maiden and the County of Catawba 
need not mail zoning notices for a revision of the complete zoning ordinance or map, 
upon second reading. 

On motion of Senator Ezzell, Committee Amendment No. 1, held to be material 
and changing the title to read S.B. 629, a bill to provide that the Counties of Alexan- 
der, Catawba, Iredell, and Yadkin and the municipalities therein need not mail zoning 
notices for a revision of the complete zoning ordinance or map, is adopted, constitut- 
ing the first reading of the bill, as amended. 

On motion of Senator Allran, consideration of the bill, as amended, upon second 
reading, is postponed until Tuesday, May 5. 

H.B. 505, a bill to exempt the County of Stokes from certain zoning notice require- 
ments. 

On motion of Senator Sands, consideration of the bill is postponed until Monday, 
May 4. 

S.B. 290, a bill to amend the Charter of the City of Charlotte relating to the estab- 
lishment of contract specification requirements. 

On motion of Senator Hunt of Moore, Committee Amendments No. 1 and No. 2 
are adopted. 



April 29, 1987 



1987] SENATE JOURNAL 311 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 435, a bill to authorize Mecklenburg County to provide notice by publication 
for amendments to the zoning ordinance. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 436, a bill to authorize Mecklenburg County to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 437, a bill to authorize Mecklenburg County to require dedication of recrea- 
tional areas and facilities as a condition to permit approval. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 439, a bill to authorize the Charlotte-Mecklenburg Planning Commission to 
hold the public hearing for amendments to zoning boundaries and maps and major 
planned development permits. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 440, a bill to authorize Mecklenburg County to file with the register of deeds a 
notice of special conditions attached to the zoning of the property. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 441, a bill to authorize Mecklenburg County to provide notice by publication 
for a comprehensive zoning reclassification. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 442, a bill to authorize the City of Charlotte to withhold future approvals from 
a person with outstanding zoning and subdivision ordinance violations. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 443, a bill to authorize the City of Charlotte to provide notice by publication 
for amendments to the zoning ordinance. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 444, a bill to authorize the City of Charlotte to provide notice by publication 
for a comprehensive zoning reclassification. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 445, a bill to authorize the City of Charlotte to require dedication of recrea- 
tional areas and facilities as a condition to permit approval. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 446, a bill to authorize a majority vote of the zoning board of adjustment for 
the City of Charlotte. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



April 29, 1987 



312 SENATE JOURNAL [Session 

S.B. 447, a bill to amend G.S. 160A-381 to authorize the City of Charlotte to file 
with the register of deeds a notice of special conditions attached to the zoning of the 
property. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 448, a bill to authorize the City of Charlotte and Mecklenburg County to cre- 
ate a development code enforcement board. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 580, a bill to expand the Polk County Development Commission. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 636, a bill to permit Nash County to appropriate additional funds for industrial 
development. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 366, a bill to allow digging of ditches in Bladen County below a certain level 
for storm or drainage sewer lines. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 443, a bill to provide that the general law regarding setting the official bond of 
the Sheriff shall apply to Guilford County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 469, a bill to authorize Clay, Graham, Jackson, and Macon Counties to cre- 
ate travel and tourism authorities and to remit the county occupancy tax proceeds to 
the authorities to promote travel and tourism. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 481, a bill to change the procedure used by Wayne County in altering the 
structure of the Board of Commissioners. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 483, a bill concerning the construction of a building by the Alamance-Cas- 
well Area Mental Health, Mental Retardation and Substance Abuse Authority. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 484, a bill to permit the City of Burlington to convey at private sale to the 
Allied Churches of Alamance County, Inc., the old City of Burlington Police Building 
and certain adjacent property. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 508, a bill to allow additional time for the City of Charlotte to adopt city 
regulations for newly annexed areas or extension of the City's jurisdiction. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 245, a bill to promote peer review activities of health care providers and to 
require risk management programs and hospital privilege procedures in hospitals. 

Without objection, the Chair orders the bill placed on the Calendar for Tuesday, 
May 5. 

S.B. 372 (Committee Substitute), a bill to limit the liability of a trustee, officer, or 
director of a nonprofit corporation. 

Senator Ezzell offers Amendment No. 1 which is adopted (electronically recorded). 



April 29, 1987 



1987] SENATE JOURNAL 313 

Senator Ezzell calls the previous question, seconded by Senator Rauch. The call is 
sustained. 

The Committee Substitute bill, as amended, passes its second reading (electroni- 
cally recorded) . 

On motion of Senator Winner, further consideration of the Committee Substitute 
bill, as amended, is postponed until Tuesday, May 5. 

S.B. 136 (Committee Substitute), a bill to provide a model code for procurement of 
architectural and engineering services by State and local government. 

On motion of Senator Sherron, duly seconded, the Committee Substitute bill is post- 
poned indefinitely. 

S.B. 396, a bill to name "milk" as the State Beverage of North Carolina. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 429, a bill to regulate conversion of institutions in the Community College 
System. 

On motion of Senator Martin of Guilford, Committee Amendment No. 1 is 
adopted, and on his further motion the bill, as amended, is ordered engrossed and 
re-referred to the Appropriations Committee. 

S.B. 466, a bill to extend the sunset provision in the Risk Sharing Plan Act of 1986. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 488, a bill to extend the terms of office of trustees in the Community College 
System and to provide for staggered terms of appointments. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
Personnel for failure to attend annual active duty training and schedule inactive duty 
training. 

On motion of Senator Staton, consideration of the bill is postponed until Friday, 
May 1. 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard. 

On motion of Senator Staton, consideration of the bill is postponed until Friday, 
May 1. 

S.B. 553, a bill authorizing the Adjutant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service. 

On motion of Senator Staton, consideration of the bill is postponed until Friday, 
May 1. 

S.B. 575, a bill to provide for cooperation between state, local and federal law 
enforcement agencies in special undercover operations. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 255 House of Representatives 

April 29, 1987 

Mr. President: ■ ' ^' 

It is ordered that a message be sent the Senate requesting the return of House Joint 
Resolution 255, "A JOINT RESOLUTION ADOPTING THE CHILD MENTAL 



April 29, 1987 



314 SENATE JOURNAL [Session 

HEALTH PLAN AND THE YOUTH SUBSTANCE ABUSE PLAN AS POLICY 
GUIDANCE FOR THE DEVELOPMENT OF SERVICES OVER THE NEXT TEN 
YEARS, sent to your Honorable Body inadvertently on April 17, 1987. 

Respectfully, 

S/Liston B. Ramsey, Speaker 

House of Representatives 

Without objection, the joint resolution is taken from the Human Resources 
Committee and returned to the House of Representatives for further consideration. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S.B. 260, a bill to require General Assembly review and approval of all changes in 
special use airspaces in the airspace over North Carolina, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute 
bill which changes the title to read S.B. 260 (Committee Substitute) , a bill to require 
General Assembly review of all changes in special use airspaces in the airspace over 
North Carolina is placed before the Senate for immediate consideration, and on his 
further motion, the Committee Substitute bill is adopted. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On objection of Senator Rauch to its third reading, the Committee Substitute bill 
remains on the Calendar for Friday, May 1, for further consideration. 

CALENDAR (Continued) 

S.B. 679, a bill to change the timing provision for entry of appeal when a motion 
for appropriate relief has been filed. 

The bill passes its second reading (electronically recorded) . 

On objection of Senator Barnes to its third reading, the bill remains on the Calendar 
for Friday, May 1, for further consideration. 

H.B. 12, a bill to provide for coded bill drafts, where the law to be amended is set 
out showing the deletions and insertions proposed by the bill. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 

H.B. 188 (Committee Substitute), a bill to clarify the law regarding detention of a 
juvenile bound over to Superior Court. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On motion of Senator Tally, further consideration of the Committee Substitute bill is 
postponed until Tuesday, May 5. 

H.B. 359, a bill to provide that a dealer is not required to keep sales records of 
pistol cartridges. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 29, 1987 



1987] SENATE JOURNAL 315 

H.B. 485, a bill to allow state law enforcement officers to purchase any weapon 
worn or carried by the officer when the state law enforcement agency changes the type 
of weapons used. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Pursuant to S.J.R. 303, a joint resolution providing that the 1987 General Assem- 
bly shall meet for a day in the Town of Tarboro in honor of the Two Hundredth Anni- 
versary of the 1787 General Assembly Session meeting in Tarboro, Senator Rand of- 
fers a motion, seconded by Senator Plyler, that the Senate adjourn to reconvene on the 
Town Commons in the Town of Tarboro, North Carolina, tomorrow April 30, at 
10:00 A.M., which motion prevails. 



FIFTY-EIGHTH DAY 

: ^ Town COMMONS, 

Tarboro, NORTH CAROLINA, 
' Thursday, April 30, 1987. 

Pursuant to S.J.R. 303, a joint resolution providing that the 1987 General Assem- 
bly shall meet for a day in the Town of Tarboro in honor of the Two Hundredth Anni- 
versary of the 1787 General Assembly Session meeting in Tarboro, the Senate con- 
venes on the Town Commons in the Town of Tarboro, North Carolina. 

The Honorable Robert B. Jordan III, Lieutenant Governor, calls the Senate to or- 
der. 

The Town Crier announces the occasion and calls for the presentation of the colors 
which are presented by the local troops of the Girl Scouts of America. 

Led by the Lieutenant Governor, the Senators and distinguished guests stand and 
pledge their allegiance to the United States of America. The North Edgecombe High 
School Band performs the National Anthem. 

Prayer is offered by the Dr. Sam McMillan, Senate Chaplain, as follows: 

"O God of the Nations, we give Thee thanks for this great land of freedom and 
opportunity, for the beauty of our fair State, and for the historic community of Tar- 
boro in which we meet today. Give to us one and all a sense of calling as citizens and 
servants and use each of us as instruments of Your grace and peace in all those places 
where we live, work, and play. 

"O God of Love, we thank Thee for the love with which the Members of the General 
Assembly were received in this community in 1787 and for the spirit of love and affec- 
tion with which we have been received here yesterday and today. Inspire us to show 
this kind of love not only to friends and dignitaries, but to all whom we meet not only 
this day, but every day. 

"O God of Justice, we thank Thee for the system of citizen-legislators in our State, 
for all who have served from this district in years past, and for all who serve in this 
and other districts now. Bless the leaders and citizens of our State with a love for 
justice, and a zeal for compassion, so that justice may flow down like waters and 
righteousness like an ever flowing stream, and so that Your Will may be done on 
earth, even as it is in Heaven. Amen." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his 



April 30, 1987 



316 SENATE JOURNAL [Session 

motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for today to Senators Harrington, due to 
illness, Hipps, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Sands, 
Simpson, Soles, Speed, and Winner. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.J.R. 540, a joint resolution honoring the memory of H. Vinson Bridgers, former 
State Senator. 

The joint resolution passes its second and third readings, with Members standing, 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

S.J.R. 583, a joint resolution honoring the life and memory of Cameron S. Weeks, 
former member of the North Carolina General Assembly. 

The joint resolution passes its second and third readings, with Members standing, 
and is ordered sent, without objection, to the House of Representatives by special mes- 
senger. 

Senator Martin of Guilford is recognized to address the membership, as follows: 

"Mr. President, Members of the Senate, Citizens and Friends of the Town of Tar- 
boro:" 

"I'm not what I ought to be 
I'm not what I'm going to be 
But thank God Almighty, I'm not what I was." 

"Those words have a very special meaning to us. They implore us to recognize the 
fact that no matter how great we might think we are, we are not that great! Even in 
perfection, we can find imperfection if we look hard enough, and in the right places; 
even in the best of us, there is something less than the best. Therefore, since we all 
should continuously strive for improvement, there is an inherent acknowledgment and 
admission that we're not what we ought to be. Also, implicit in that statement, is the 
acknowledgment that if we continue to strive for improvement, we are going to get 
even better. Therefore, we're not what we're going to be. As we get older, and 
hopefully wiser, we become very aware that we can look back over the years and ob- 
jectively see that we were actually worse than (at that time) we thought we were; oth- 
erwise, how could we have improved as much as we have done? Therefore, we can 
give thanks to God Almighty, that we're not what we were. 

"You've probably heard from time to time that there are two things you never want 
to see made — sausages and laws. In both instances it might seem better to consume 
and observe the end result, and not worry about the past; not worry about how they 
came to be. While it is very tempting and very easy to do just that, I submit to you 
that the end result cannot to be fully understood nor appreciated without knowing 
something about the processing, something about how they were made. Without that 
knowledge as to the evolutionary history, those points of reference along the way, we 
have no benchmarks as to what ought to be; how can we know what ought to be, and 
will be, if we don't know and understand what was? 

"Everything I've said is particularly applicable to that great document known as 
The Constitution of The United States of America. By professional training, 
I, along with a good number of my colleagues, am a lawyer, with a growing love for 



April 30, 1987 



1987] SENATE JOURNAL 317 

history, and I can say without equivocation that one of the most important benefits I 
have gained from that training and exposure is a true respect and love for our United 
States Constitution as it has been amended over the years. Some people grow tired of 
lawyers and legislators saying, 'I'm afraid I can't support this provision because, in 
my opinion, it is clearly violative of the Constitution. ' But, ladies and gentlemen, that 
document means so much to us, we're jealous of it, that we become very protective of 
it. 

"As students of history, we all should know, particularly in retrospect and through 
20/20 hindsight, that the Constitution initially was a flawed document. It was some- 
thing that Americans of good faith and good will and good conscience today, for vari- 
ous reasons, would staunchly refuse to ratify. As one example, many citizens of 
America today, especially persons of African- American and native American (In- 
dian) heritage, would not have been considered as whole persons, much less which 
would not have been endowed with the rights, privileges, and protection of the Consti- 
tution. America has come a long way since those days. There was a major flaw in 
that document, that, I am very proud to say. North Carolinians, played a major and 
decisive role in rectifying. We were the last State to ratify the Constitution, because 
we refused to endorse a document that did not specifically protect the rights of the 
people. Finally, the Bill of Rights was added and we ratified it. Residents of Tarboro 
can be particularly proud that your Town was the one in which your General Assembly 
met when the decision was made to form the committee to study whether or not to 
ratify the proposed Constitution. We have had many legislative study committees over 
the years, but none so important as the one formed in 1787 in Tarboro. 

"Since ratification, the Constitution has been amended from time to time, but never 
unnecessarily so. It is purposefully a very difficult process to amend the Constitu- 
tion. The process reduces the possibility that we will react to trends and passions 
rather than to well deliberated and carefully considered social, political, and economi- 
cal mandates of great magnitude. 

"Thus, it is particularly fitting that we convene here in Tarboro in this year, 1987, 
two hundred years after that study committee was formed in Tarboro. In gathering 
and convening here today, we pay homage to a dynamic and living document, not one 
that is static and fixed in time. It is a document that is solid enough in its permanency 
to withstand the stormy seas of time, yet pliable and fluid enough to change as dictated 
by the smooth flow of the river of time as the current gently changes the course of 
time's river. 

"Mr. President, members of the Senate, citizens and friends of Tarboro, I am truly 
honored to have had the opportunity to express my gratitude for our evolving United 
States Constitution, and to express my appreciation to the citizens of Tarboro today 
and in 1787. Thank You." . 

Senator Rand is recognized to address the membership, as follows: 

"Mr. President, Members of the Senate, last night as I walked through the Blount- 
Bridgers house, I noticed a small plaque on the wall honoring, among others. Speaker 
Ramsey, Representative Watkins, and Senator Hardison. I got a little curious about 
that and asked some questions and found out why that plaque has been on the wall 
since 1981. It seems as though the restoration of that famous House was at a stand- 
still, and there just wasn't enough money to complete it. The local restoration council 
was afraid the whole project was going to fall apart, but a special appropriation (which 
required matching funds) got it going again. That special appropriation by the General 
Assembly put it over the top. Not only that, but because there was enough money to 
complete the restoration, Mrs. Alice Weeks Gordon, sister of one of the former mem- 
bers we have honored today, gave the second finest collection of Hobson Pittman 



April 30, 1987 



318 SENATE JOURNAL [Session 

paintings in America to the Town of Tarboro. So not only did a special appropriation 
from the General Assembly finish that remarkable example of Georgian Architecture, 
but that special appropriations also triggered the gift of a magnificent art collection. 
The Town of Tarboro has shown us by example just how much can be done with a 
special appropriation from the people of North Carolina. 

"Last night, during the candlelight stroll down Main Street, we saw the new wing on 
the Edgecombe County Memorial Library, funded in part by an appropriation of the 
General Assembly. A room in that wing was a part of the enticement for the Historian 
in Residence for Edgecombe County. Had we walked further down Main Street, we 
would have seen the premier example of the National Main Street Program in North 
Carolina. Tarboro leads that Program with over twenty-two million dollars reinvested 
in Main Street Redevelopment. 

"A special appropriation from the General Assembly enabled Edgecombe County to 
have the first County Historic Preservation Fund in America. It is still going strong 
with five historic properties saved from ruin last year alone. If anyone ever asks you 
about special appropriations, tell them to come to Tarboro and see what they can do 
to preserve our heritage and expand our economy." 

Senator Marvin is recognized to address the membership, who offers remarks as to 
the requirements met by the individuals seeking to serve as pages in this historical 
meeting. 

The President recognizes the following pages serving in the Senate today: from 
Rocky Mount — Henry Baggett, Natalie Crocker, Tyretta Arrington, Catherine Car- 
mody, and Ruth Ann Woodley; from Edgecombe County — Susan Bradley, Andrea 
Tolson, Jackie Eason, Eric Russ, Gwendolyn Williams, Christopher Dunn, and 
Felicia Evette Phillips; from Tarboro — Karen Joyner, Jeff Barnes, Sylvia Rogers, 
Kevin Womble, Beth Young, Janice Daughtry, Teresa Freeman, Vickie Hussey, Mar- 
cia Sherrod, Mary Margaret Hussey, Derrick Hyman, Margaret Anne Hoard, Wyatt 
Jones, Virginia Jenkins, Angela Hudson, Billy Wooten, and Blaire Creech. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
resolution, which is read the first time and disposed of as follows: 

H.J.R. 919, a joint resolution honoring the life and memory of Joseph Elliot 
Eagles, former member of the North Carolina General Assembly. 

Without objection, the rules are suspended, and the joint resolution is placed before 
the Senate for immediate consideration. 

The joint resolution passes its second and third readings with members standing and 
is ordered enrolled. 

The President recognizes the Honorable L.H. Fountain, former member of the 
United States House of Representatives from the Second District and former North 
Carolina State Senator from Edgecombe County, Henry Gray Shelton, former North 
Carolina State Senator from Edgecombe County, and Eugene Simmons, former Read- 
ing Clerk of the North Carolina State Senate. 

Senator Royall, Deputy President Pro Tempore, is recognized to address the mem- 
bership expressing appreciation to the citizens of Tarboro for their hospitality, as fol- 
lows: 

"Mr. President, fellow Members of the Senate, about 200 years ago, when legisla- 
tors arrived in Tarboro for their November 19 to December 22, 1797 Session, they 
discovered a pleasant Town of some twenty families, all of whom lived in wooded 



April 30, 1987 



1987] SENATE JOURNAL 319 

dwellings. More people came to Town than lived in the Town. Yet accommodations 
were found and mattresses brought in from the country side, horses were stabled, good 
food was prepared, entertainment provided, and the public's business attended to. 

"In his diary, William Attmore wrote, 'The Bar at the Senate was a board laid 
across two old trunks standing on the ends, which served very well pro-tem.' Fifty- 
six laws were enacted. Among these, one designed to prevent tobacco fraud. That 
Assembly, at a time when the Legislature chose the Chief Executive, elected Samuel 
Johnson of Edenton, Governor of this State. 

"When the Session of 1787 ended, its Members rode away some as far as what is 
now Tennessee, with the satisfaction of a job well done and warm memories of a small 
Town that had opened its heart, as well as its doors. 

"History does repeat itself. For the past twenty-four hours, we have repeated that 
Session of two hundred years ago. The horses are now under the hoods of cars, 
trucks, and buses; mattresses of corn shucks or pinestraw have been replaced by pos- 
ture-pedic; last night, crabmeat, barbeque, potato salad, and strawberries replaced 
collards, 'chitterlins, ' turnips, and hominy. Better manners have prevailed over fights 
and 'cussing,' but the essence of it all is the same. 

"The fine people of Edgecombe County and this historic Town of Tarboro have once 
again opened their homes and their hearts to North Carolina's General Assembly. I 
am told that over two hundred volunteers have worked for months to make sure that 
every Member of this Body has enjoyed smalltown living at its finest. They have done 
a marvelous job. The eleven committee chairpersons under able leadership of Co- 
chairmen Tom Bardin and C.B. Martin have made memorable. House Joint Resolu- 
tion 1034 which requests that the 1987 General Assembly meet for a day in the Town 
of Tarboro in honor of the Two Hundredth Anniversary of the 1787 General Assembly 
Session Meeting in Tarboro. 

"Today is a very special one in each of our lives.' None of us can share it again. 
Before another Bicentennial, the United States of America will be over four hundred 
years old and about ten generations of North Carolinians will have been born. 

"Every one of the citizens of Edgecombe County and Tarboro, Senator Bob Martin 
and every other person or group that helped them, all of them, have given each of us 
in the 1987 General Assembly a gift of great value. They have let us see how the best 
of our past can be woven into the fabric of our future. Mr. President, I ask the Mem- 
bers of this Body to join me in applause for their kindness and the hard work of all who 
made this historic occasion possible." (Members respond with prolonged applause.) 

Senator Martin of Pitt is recognized to address the membership, and responds for 
the Town of Tarboro and Edgecombe County. 

On motion of Senator Royall, seconded by Senator Martin of Pitt, the Senate ad- 
journs to meet tomorrow in the Senate Chamber, in the Legislative Building, in the 
City of Raleigh, North Carolina, at 10:00 A.M. , - 



FIFTY-NINTH DAY 



Senate Chamber, 
Friday, May 1, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



May 1, 1987 



320 . SENATE JOURNAL [Session 

Prayer is offered by the Reverend Charles M. Smith, Superintendent of the 
Goldsboro District of the United Methodist Church, Goldsboro, as follows: 

"We give You thanks, O Lord, for yesterday's session in Tarboro and its power to 
stir our awareness of our heritage. We are indeed grateful for all those who have set 
good examples for us to follow. 

"Now we ask Your help today in our deliberations, so that years from now our de- 
scendants will look back at our work and bless us for the wise leadership we gave our 
State in helping it become more caring for all classes and colors of its citizens, more 
concerned about education of its children, and more protective of the quality of its 
beautiful rivers and streams. Bless our labor today, and our leisure this May week- 
end, as we live out our lives in constant awareness of Your love for us and all Your 
creation. Amen." 

Senator Rauch for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his mo- 
tion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for today to Senators Daniel, Guy, who has 
business at home, Harrington, Kincaid, Sands, Simpson, Smith, who is attending the 
A.L.E.C. in Washington, D.C., and Winner. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 161 (Committee Substitute), an act to require political committees to be la- 
beled accurately. (Ch. 113) 

S.B. 225, an act to amend the law regarding kindergarten health assessments. (Ch. 
114) 

H.B. 359, an act to provide that a dealer is not required to keep sales records of 
pistol cartridges. (Ch. 115) 

H.B. 366, an act to allow digging of ditches in Bladen County below a certain level 
for storm or drainage sewer lines. (Ch. 116) 

H.B. 443, an act to provide that the general law regarding setting the official bond 
of the Sheriff shall apply to Guilford County. (Ch. 117) 

H.B. 469, an act to authorize Clay, Graham, Jackson, and Macon Counties to 
create travel and tourism authorities and to remit the county occupancy tax proceeds to 
the authorities to promote travel and tourism. (Ch. 118) 

H.B. 481, an act to change the procedure used by Wayne County in altering the 
structure of the Board of Commissioners. (Ch. 119) 

H.B. 483, an act concerning the construction of a building by the Alamance-Cas- 
well Area Mental Health, Mental Retardation and Substance Abuse Authority. (Ch. 
120) 

H.B. 484, an act to permit the City of Burlington to convey at private sale to the 
Allied Churches of Alamance County, Inc. , the old City of Burlington Police Building 
and certain adjacent property. (Ch. 121) 

H.B. 485, an act to allow State law enforcement officers to purchase any weapon 
worn or carried by the officer when the State law enforcement agency changes the type 
of weapons used. (Ch. 122) 



May 1, 1987 



1987] SENATE JOURNAL 321 

H.B. 508, an act to allow additional time for the City of Charlotte to adopt city 
regulations for newly annexed areas or extension of the City's jurisdiction. (Ch. 123) 

S.J.R. 540, a joint resolution honoring the memory of H. Vinson Bridgers, former 
State Senator. (Res. 17) 

S.J.R. 583, a joint resolution honoring the life and memory of Cameron S. Weeks, 
former member of the North Carolina General Assembly. (Res. 18) 

H.J.R. 919, a joint resolution honoring the life and memory of Joseph Elliot 
Eagles, former member of the North Carolina General Assembly. (Res. 19) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Sherron: 

S.B. 703, a bill to amend G.S. 138-7 to provide for reimbursement for the cost of a 
meal to State Employees when the employee is required to attend a business function 
that includes such a meal. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 704, a bill to provide for the licensure and qualification of fire protection con- 
tractors. 

Referred to Judiciary III Committee. 

By Senator Winner: 

S.B. 705, a bill requiring the Department of Natural Resources and Community 
Development to study the feasibility of developing the highlands of the Roan Moun- 
tains as a State Park. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Ezzell: 

S.B. 706, a bill to clarify the law regarding the North Carolina Childhood Vaccine- 
Related Injury Compensation Program. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 707, a bill to make purchase or possession of alcoholic beverages by eighteen 
year old an infraction. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Hardison and Harris: 

S.B. 708, a bill to regulate home schools. 

Referred to Education Committee. , ■ 

By Senator Hardison: 

S.B. 709, a bill making it illegal to harass people taking wildlife or fisheries re- 
sources. 

Referred to Judiciary II Committee. 



May 1, 1987 



322 SENATE JOURNAL [Session 

By Senators Hardison, Guy, Harris, and Smith: 

S.B. 710, a bill to provide for rules and procedures for products liability lawsuits 
involving firearms. 

Referred to Judiciary II Committee. 

By Senator Parnell: 

S.B. 711, a bill to permit members of the Teachers' and State Employees' Retire- 
ment System and the Local Governmental Employees' Retirement System to purchase 
creditable service for federal employment and public service employment funded by the 
federal government. 

Referred to Pensions and Retirement Committee. 

By Senator Walker: 

S.B. 712, a bill to change the date of a meeting to approve absentee ballot applica- 
tions, to conform to a change in the deadline. 

Referred to Election Laws Committee. ■" 

By Senator McDuffie: 

S.B. 713, a bill to require that whenever the Division of Motor Vehicles restores the 
driver's license of a person convicted of driving while impaired, proof of financial 
responsibility must be furnished prior to the restoration. 

Referred to Insurance Committee. 

By Senator Barnes: 

S.B. 714, a bill to abolish the rule in Shelley's case. 
Referred to Judiciary I Committee. 

By Senators Ward and Kaplan: 

S.B. 715, a bill to appropriate funds for the use of Old Salem. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 716, a bill to redefine highest annual salary and to reduce the minimum years 
of service required for a benefit in the Legislative Retirement System pursuant to the 
Federal Tax Reform Act of 1986. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 717, a bill to increase the retirement formula for members and beneficiaries of 
the Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senators Kaplan, Barnes, Basnight, Ezzell, Guy, Martin of Guilford, Seymour, 
Staton, Swain, Ward, and Warren: 

S.B. 718, a bill to provide a three-year grace period for taxpayer deductions of 
dividends after certain corporations no longer have income allocable to this State. 
Referred to Finance Committee. 

By Senator Kaplan: 

S.B. 719, a bill to allow the waiver of certain surety bonds required for charitable 
solicitation. 

Referred to Human Resources Committee. 



May 1. 1987 



1987] SENATE JOURNAL 323 

By Senator Hunt of Durham: 

S.B. 720, a bill to increase the retirement formula for members and beneficiaries, 
and permit an unreduced retirement allowance for a member after age 60 with 25 years 
of creditable service in the Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senators Thomas and Hipps: 

S.B. 721, a bill to increase certain restrictions on outdoor advertising along the 
interstate highways and federal-aid primary highways. 
Referred to Transportation Committee. 

By Senators Thomas and Hipps: 

S.B. 722, a bill to increase the permit fees for outdoor advertising signs along the 
interstate and federal-aid primary highways. 
Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 723, a bill to provide for distribution to local governmental units of interest 
and other investment income earned on local sales and use taxes collected by the 
State. 

Referred to Finance Committee. 

By Senators Rand, Plyler, and Conder: 

S.B. 724, a bill designating as trust funds for specified purposes moneys received 
from the operation of institutional forest lands and farm forest lands of the University 
of North Carolina. 

Referred to Higher Education Committee. 

By Senator Conder: 

S.B. 725, a bill to require that motor vehicle headlights and tail lights be illumi- 
nated during inclement weather. 

Referred to Transportation Committee. 

By Senator Conder: 

S.B. 726, a bill to establish a commission to study the local budget process and how 
it relates to State fiscal actions. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand, Plyler, and Conder: 

S.B. 727, a bill permitting the Secretary of Administration to authorize direct pur- 
chase by the constituent institutions of the University of North Carolina of equipment 
and materials needed for specific research project. 

Referred to Appropriations Committee. 

By Senators Rand, Plyler, Conder, and Warren: 

S.B. 728, a bill authorizing the dedication of receipts generated by development of 
the Centennial Campus to the use of North Carolina State University at Raleigh for 
operation and further development of the Centennial Campus. 

Referred to Appropriations Committee. » 

By Senators Rand, Plyler, and Conder: 

S.B. 729, a bill to authorize the construction and financing of certain capital im- 
provements projects by the University of North Carolina at Chapel Hill and East Caro- 
lina University. 

Referred to Finance Committee. 



May 1, 1987 



324 SENATE JOURNAL [Session 

By Senators Rand and Plyler: 

S.B. 730, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvement projects of the constituent 
institutions of the University of North Carolina. 

Referred to Appropriations Committee. 

By Senators Rand, Plyler, and Warren: 

S.B. 731, a bill authorizing the issuance of revenue bonds to finance projects on the 
Centennial Campus of North Carolina State University at Raleigh. 
Referred to Finance Committee. 

By Senator Royall: 

S.B. 732, a bill to establish the North Carolina Racing Commission. 
Referred to Ways and Means Committee. 

By Senator Goldston: * - "^ 

S.B. 733, a bill pertaining to driver education. 
Referred to Transportation Committee. 

By Senator Soles: 

S.B. 734, a bill to amend the Business Corporation Act to regulate the acquisition 
of control of corporations in which North Carolina has a substantial interest by reason 
of incorporation or otherwise.. 

Referred to Judiciary IV Committee. / 

. . i ^ '■-..J^.^h'-::'' 'tis.. 

By Senators Hunt of Moore and Walker: 

S.B. 735. a bill to establish a one-year pilot program that will provide an outreach 
activities facilitator to serve the residents of family care homes and rest homes in Or- 
ange County. 

Referred to Veterans Affairs and Senior Citizens Committee. 

By Senator Royall: 

S.B. 736, a bill to provide for four-year terms for members of the Board of Gover- 
nors of the University of North Carolina, and beginning in 1989 providing that no 
member may be re-elected to that Board after 12 consecutive years of service. 

Referred to Higher Education Committee. 

By Senators Sands and Seymour: 

S.B. 737, a bill to establish a commission to study the appraisal and reappraisal of 
real property for ad valorem taxation. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand, Barker, Barnes, Basnight, Block, Conder, Daniel, Ezzell, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Parnell, Plyler, Rauch, Richardson, Royall, Sands, 
Seymour, Sherron, Soles, Speed, Staton, Swain, Tally, Thomas, Walker, Ward, 
Warren, and Winner: 

S.B. 738, a bill to create the North Carolina Housing Trust Fund and to authorize 
the expenditure of oil overcharge funds within the limits imposed by the relevant judi- 
cial decrees. 

Referred to Appropriations Committee. 



May 1, 1987 



1987] SENATE JOURNAL 325 

By Senator Daniel: ^ i 

S.B. 739, a bill to toll the statute of limitations in a civil action during a period of 
incompetency. 

Referred to Judiciary III Committee. 

By Senator Daniel: 

S.B. 740, a bill to provide that when a county appeals a judgment, staying the 
enforcement of the judgment, the county shall not be required to post a bond. 
Referred to Judiciary III Committee. 

By Senators Warren and Soles: 

S.B. 741, a bill to designate the sweet potato also known as yam as the official 
State vegetable. 

Referred to Judiciary I Committee. 

By Senator Warren: 

S.B. 742, a bill to provide for CPR training in the public schools. 
Referred to Education Committee. 

By Senators Guy, AUran, Barker, Barnes, Basnight, Bryan, Daniel, Goldston, 
Hardison, Harrington, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Somers, Speed, Swain, Tally, Thomas, and War- 
ren: 

S.B. 743, a bill to extend the authority of consumer finance licensees' affiliates to 
make home loans in the same office as their parent companies. 
Referred to Commerce Committee. 

By Senators Parnell and Guy: 

S.B. 744, a bill to change the composition of the North Carolina State Indian 
Housing Authority. 

Referred to State Government Committee. 

By Senators Hardison, Harris, Hipps, Hunt of Moore, Marvin, Royall, Seymour, 
Sherron, Taft, Tally, and Ward: 

S.B. 745, a bill to create the North Carolina Study Commission on surrogate par- 
enthood. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Barker, Block, Daniel, Sands, Soles, Somers and Swain: 

S.B. 746, a bill to modify the blood alcohol concentration necessary to prove the 
offense of driving while impaired; to change the proof needed for a conviction of driv- 
ing while impaired; and to create the new offense of driving after consuming alcohol. 

Referred to Judiciary III Committee. 

By Senators Barker, Block, Daniel, Johnson of Cabarrus, Sands, Soles, Somers, 
Swain, and Winner: 

S.B. 747, a bill to modify the law applicable to limited driving privileges. 
Referred to Judiciary II Committee. 

By Senators Barker, Block, Daniel, Hipps, Johnson of Cabarrus, Rand, Sands, 
Soles, Somers, Swain, and Winner: 

S.B. 748, a bill to make appeals from the Division of Motor Vehicles license ac- 
tions lie in District Court. 

Referred to Judiciary II Committee. 



May 1, 1987 



326 SENATE JOURNAL [Session 

By Senators Tally, Barker, Barnes, Basnight, Daniel, Hipps, Parnell, Rand, Sher- 
ron, Thomas, Walker, and Ward: 

S.B. 749, a bill to establish a Recreation and Natural Heritage Trust Program. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Tally and Hunt of Moore: 

S.B. 750, a bill to appropriate funds to the Recreation and Natural Heritage Trust 
Fund. 

Referred to Appropriations Committee. 

By Senator Hunt of Moore: 

S.B. 751, a bill to eliminate as a defense to rape and sexual offenses that the victim 
is the defendant's legal spouse. 

Referred to Judiciary II Committee. 

By Senator Block: ^ 

S.B. 752, a bill to exempt foreign sales corporations from corporate income tax. 
Referred to Finance Committee. 

By Senator Block: 

S.B. 753, a bill to require the Department of Commerce to sponsor a model shared 
foreign sales corporation to promote exports by small and mid-sized North Carolina 
businesses. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 754, a bill to give local health directors the authority to impose administrative 
penalties for violations of local board of health rules. 
Referred to Human Resources Committee. 

By Senator Royall: 

S.B. 755, a bill to provide a site to the United States Department of Energy for a 
"Superconducting Super Collider". , 

Referred to Environment Committee. 

By Senators Hipps, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Par- 
nell, Rand, Richardson, Thomas, and Warren: 

S.B. 756, a bill to restrict the use of special provisions in appropriations bills. 
Referred to Constitution Committee. 

By Senator Winner, (By Request): 

S.B. 757, a bill to provide that certain legal qualifications shall count as relevant 
experience for applicants for a certified public accountant examination. 
Referred to Judiciary IV Committee. 

By Senators Hipps and Warren: 

S.B. 758, a bill creating the North Carolina Local Government Pooled Capital Pro- 
jects Financing Agency to provide financing for the acquisition, construction and in- 
stallation by or on behalf of cities of capital projects, including the acquisition of 
equipment, and amending certain general laws. 

Referred to Finance Committee. 



May 1, 1987 



1987] SENATE JOURNAL 327 

By Senator Ezzell: 

S.B. 759, a bill to authorize the formation of multiple employer trusts to provide 
health insurance. 

Referred to Insurance Committee. 

By Senator Ezzell: 

S.B. 760, a bill relating to the establishment and financing of self-insurance pro- 
grams by cities and counties. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Ezzell: 

S.B. 761, a bill to allow tax credits for employers participating in multiple employer 
trusts to provide health insurance. 
Referred to Finance Committee. 

By Senator Hunt of Moore: 

S.B. 762, a bill requiring approval for a sanitary landfill by the county or city where 
the landfill is to be located, by the commission for health services, and by the environ- 
mental management commission before approval of a permit by the Department of 
Human Resources can be given. 

Referred to Environment Committee. 

By Senator Hunt of Moore: 

S.B. 763, a bill to establish the radiation technology practice act. 
Referred to Human Resources Committee. 

By Senators Barker and Daniel: 

S.B. 764, a bill to provide qualified immunity to local governments and civic or- 
ganizations and their officers, employees and volunteers against liability arising out of 
annual festivals and celebrations. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 765, a bill to provide that a final divorce may be granted after a separation 
period of six months. 

Referred to Judiciary III Committee. 

By Senator Bryan: 

S.B. 766, a bill to prohibit the permitting of a low-level radioactive waste facility or 
a hazardous waste facility within fifty miles of, or in the same county of, any other 
facility that stores, treats, or disposes of high-level radioactive waste; a low-level ra- 
dioactive waste facility; or a hazardous waste facility. 

Referred to Environment Committee. 

By Senator Cobb: 

S.B. 767, a bill to modify the required service for a national guard pension. 
Referred to Veterans Affairs and Senior Citizens Committee. 

By Senator Block: 

S.B. 768, a bill to provide for policies of windstorm and hail insurance to be avail- 
able through the beach plan. 

Referred to Insurance Committee. 



May 1, 1987 



328 SENATE JOURNAL [Session 

By Senator Seymour: 

S.B. 769, a bill to extend the sunset on the Department of Transportation's author- 
ity to allow excess weight vehicles on the interstates. 
Referred to Transportation Committee. 

By Senator Block: 

S.B. 770, a bill to regulate distress sales. 
Referred to Judiciary IV Committee. 

By Senators Daniel and Barker: 

S.B. 771, a bill to limit the liability of a director of a religious society, a fraternal 
society or order, or any nonprofit association, organization, or entity. 
Referred to Judiciary III Committee. 

By Senator Daniel: 

S.B. 772, a bill to allow temporary rules for the issuance of bonds for private col- 
leges. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 773, a bill to amend the Worker's Compensation Act. 
Referred to Manufacturing and Labor Committee. 

By Senator Simpson: 

S.B. 774, a bill to provide that a person who operates a motorboat gives implied 
consent to a chemical analysis if charged with an alcohol-related offense and to pro- 
vide that the results of a chemical analysis are admissible as evidence in a civil or 
criminal case. 

Referred to Judiciary IV Committee. 

By Senator Hardison: 

S.B. 775, a bill to permit insurers to have access to the records of the Industrial 
Commission about employees that they insure. 
Referred to Insurance Committee. 

By Senator Hardison: 

S.B. 776, a bill to monitor and regulate mortgage loan companies that are not af- 
filiated with state-chartered lending institutions. 
Referred to Commerce Committee. 

By Senators Marvin and Harris: 

S.B. 777, a bill to strengthen joint custody where custody of children is at issue. 
Referred to Children and Youth Committee. 

By Senators Marvin and Hunt of Moore: 

S.B. 778, a bill to provide for a pilot program for mediation in disputed custody or 
visitation cases and to provide for a divorce fee to fund the program. 
Referred to Children and Youth Committee. 

By Senator Marvin: 

S.B. 779, a bill to permit home instruction, under certain conditions, as a means of 
complying with compulsory school attendance requirements. 
Referred to Education Committee. 



May 1, 1987 



1987] SENATE JOURNAL 329 

By Senator Goldston: 

S.B. 780, a bill to exempt businesses with a net worth of more than five million 
dollars from the requirements of the business opportunity sales requirements of Chap- 
ter 66 of the General Statutes. 

Referred to Judiciary IV Committee. 

By Senator Allran: 

S.B. 781, a bill to provide that the cities and counties need not mail zoning notices 
for a revision of the complete zoning ordinance or map. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Warren: 

S.B. 782, a bill to increase the allowable axle weights for certain vehicles. 
Referred to Transportation Committee. 

By Senator Warren: 

S.B. 783, a bill to regulate titling of salvage vehicles and to amend Chapter 20 
"Motor Vehicle Laws of North Carolina". 
Referred to Transportation Committee. 

By Senator Warren: 

S.B. 784, a bill to provide that physicians who dispense prescription drugs must 
register. 

Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 785, a bill to provide that a consent judgment for equitable distribution of 
property may be entered prior to a decree of absolute divorce granted on the ground of 
one year separation. 

Referred to Judiciary I Committee. 

By Senator Walker: 

S.B. 786, a bill to amend the certificate of need law. 
Referred to Human Resources Committee. 

By Senator Hipps: 

S.B. 787, a bill to reconstitute the Commission on Children with Special needs as 
the Commission on Children and Youth. 
Referred to Appropriations Committee. 

By Senator Taft: 

S.B. 788, a bill to establish the North Carolina Birth-related Neurological Injury 
Compensation Act. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 789, a bill to modify the availability of driver training and safety education in 
the public schools. 

Referred to Education Committee. 



May 1, 1987 



330 SENATE JOURNAL [Session 

Senator Rand moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution which motion prevails by a two-thirds majority vote. 

By Senator Rand: 

S.J.^l. 810, inviting Donna Hill Oliver, the National Teacher of the Year, to ad- 
dress a joint session of the Senate and House of Representatives at 1:30 P.M. Wednes- 
day, May 6, 1987. 

On motion of Senator Rand, the joint resolution remains before the Senate for fur- 
ther consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 503 (Committee Substitute), a bill to provide for a single license system for 
insurance agents, brokers, and adjusters. 
Referred to Insurance Committee. 

H.B. 737, a bill to make technical amendments to the Radar Reliability Act. 
Referred to Judiciary III Committee. 

H.B. 752, a bill to make technical amendments to the Mental Health, Mental 
Retardation, and Substance Abuse Act of 1985, and conforming changes to the Gen- 
eral Statutes. 

Referred to Human Resources Committee. 

H.B. 805, a bill to establish penalties for failure to remove prohibited discharges. 
Referred to Environment Committee. 

H.B. 806, a bill to establish penalties for prohibited discharges in violation of G.S. 
143-214.2. 
Referred to Environment Committee. 

S.B. 37 (Committee Substitute), a bill to expedite proceedings involving child vic- 
tims and witnesses, for concurrence in House Amendment No. 1, which is placed on 
the Calendar for Monday, May 4. 

H.B. 803, a bill to allow court reports to transcribe court records electronically 
recorded by others. 

Referred to Judiciary II Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Royall, Vice-Chairman, for Senator Harrington, for the Rules and 
Operation of the Senate Committee. 

S.J.R. 474, a joint resolution honoring the life and memory of Carl Daniel 
Totherow, a former member of the General Assembly. 

On motion of Senator Royall, the joint resolution is placed on the Calendar for 
Monday, May 4, as Special Order of Business No. 1. 



May 1, 1987 



1987] SENATE JOURNAL 331 

-"'•■'■" ■"'••■^ CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Wednesday, April 29, are taken up and disposed of as follows: 

S.B. 404, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission, as amended, 
upon third reading. 

Senator Block offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Swain offers Amendment No. 3 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General Stat- 
utes by correction of the description of the official survey base for the State of North 
Carolina, upon third reading. 

On motion of Senator Barnes, consideration of the Committee Substitute bill is post- 
poned until Tuesday, May 5. 

Bills and resolutions on the Calendar for today are taken up and disposed of as 
follows: 

S.B. 407, a bill to allow Sampson County and municipalities located therein to 
engage in economic development activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren~35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 423, a bill to revise and consolidate the Charter of the Town of Elkin, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren~35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 438, a bill relating to zoning in Mecklenburg County and the City of Charlotte, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren~35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 492, a bill to authorize municipalities within Gaston County to enter into 
agreements concerning annexations, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 



May 1, 1987 



332 . SENATE JOURNAL [Session 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Pamell, Plyler, Rand, Richardson, Roy all, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren — 35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 514, a bill authorizing the combined municipalities of Apex, Holly Springs 
and Fuquay-Varina to establish an airport authority for the purpose of acquiring 
lands, constructing and operating an airport and vesting in said airport authority all 
powers set out in Chapter 63 of the General Statutes of North Carolina, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 35, noes 0, as 
follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren~35. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 610, a bill to further clarify the authority of the City of Durham to make grants 
and loans for economic development serving the needs of persons of low and moderate 
income, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Pamell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren — 35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 618, a bill to amend the Charter of the City of Sanford, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Pamell, Plyler, Rand, Richardson, Royall, Seymour, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren — 35. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren — 35. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, May 4, for further consideration 
upon third reading. 



May 1, 1987 



1987] SENATE JOURNAL 333 

H.B. 305, a bill to authorize Yancey County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 35. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, May 4, for further consideration 
upon third reading. 

H.B. 420, a bill to authorize Mitchell County to levy a room occupancy and tour- 
ism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 35. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, May 4, for further consideration 
upon third reading. 

H.B. 429, a bill to authorize the levy of a room occupancy and tourism develop- 
ment tax in Averasboro Township in Harnett County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 35. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, May 4, for further consideration 
upon third reading. 

H.B. 540, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax. , upon second reading 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Shaw, Sherron, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 35. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, May 4, for further consideration 
upon third reading. 

H.B. 296, a bill to change the distribution of the net profits from the Madison and 
the Reidsville ABC Stores. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 394, a bill to change the distribution of profits from the ABC stores in Sunset 
Beach. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 404, a bill to authorize the taking of black bears in certain counties. 
The bill passes its second and third readings and is ordered enrolled. 



May 1, 1987 



334 SENATE JOURNAL [Session 

H.B. 536, a bill regulating hunting in Greene County. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 113 (Committee Substitute), a bill to provide a State income tax credit to 
employers who create jobs in severely distressed counties of the State. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On motion of Senator Rauch, further consideration of the Committee Substitute bill 
is postponed until Tuesday, May 5. 

S.B. 246 (Committee Substitute), a bill to reinstate the 1976 Professional Liability 
Reporting Act and to authorize the Commissioner of Insurance to conduct studies of 
medical malpractice claims. 

On motion of Senator Taft, consideration of the Committee Substitute bill is post- 
poned until Monday, May 4. 

S.B. 263, a bill to provide authority to establish laboratory certification fees. 
On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 
On motion of Senator Kaplan, further consideration of the bill, as amended, is 
postponed until Tuesday, May 5. 

S.B. 299, a bill to provide a special migratory waterfowl hunting license and to 
prescribe the penalty for migratory game bird violations. 

The bill passes its second reading (electronically recorded) . 

After further debate, the bill passes its third reading and is ordered sent to the House 
of Representatives. 

Senator Taft requests to be recorded voting "aye" on the third reading of the bill. 

S.B. 343 (Committee Substitute), a bill to provide that a business shall make avail- 
able information needed to locate an absent parent for the purpose of collecting child 
support. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

After further debate, the Committee Substitute bill passes its third reading and is 
ordered sent to the House of Representatives. 

Senator Rauch requests to be recorded voting "aye" on the third reading of the Com- 
mittee Substitute bill. 

S.B. 358 (Committee Substitute), a bill clarifying that unemployment compensa- 
tion benefits may be administratively withheld in IV-D child support cases. 

The Committee Substitute bill passes its second reading (electronically recorded) . 

On objection of Senator Martin of Guilford to its third reading, the Committee Sub- 
stitute bill remains on the Calendar for Monday, May 4, for further consideration. 

S.B. 397, a bill to provide for driveway permit processes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 479, a bill to permit the issuance of brown-bagging permits to veterans organi- 
zations. 

Senator Harris offers Amendment No. 1 which fails of adoption (electronically re- 
corded) . 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
Personnel for failure to attend annual active duty training and schedule inactive duty 
training. 

On motion of Senator Staton, consideration of the bill is postponed until Tuesday, 
May 5. 



May 1, 1987 



1987] SENATE JOURNAL 335 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard. 

On motion of Senator Staton, consideration of the bill is postponed until Tuesday, 
May 5. 

S.B. 553, a bill authorizing the Adjutant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service. 

On motion of Senator Staton, consideration of the bill is postponed until Tuesday, 
May 5. 

H.B. 108, a bill to extend from three to five years the time for demanding property 
tax refunds. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 403, a bill to change the method by which property owned by a nonprofit 
homeowners' association is taxed. 

The bill passes its second reading (electronically recorded) . 

After further debate, the bill passes its third reading and is ordered enrolled. 

H.B. 599, a bill to amend G.S. 113-273 with respect to wild turkeys held under a 
game bird propagation license. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 602, a bill to amend G.S. 113-291.1 relating to the manner of taking migra- 
tory game birds. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 660, a bill to authorize the ABC Commission to close an insolvent ABC Sys- 
tem. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 717, a bill to make technical changes in the ABC Statutes. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 260 (Committee Substitute), a bill to require General Assembly review of all 
changes in special use airspaces in the airspace over North Carolina, upon third read- 
ing. 

The Committee Substitute bill passes its third reading (electronically recorded) and 
is ordered sent to the House of Representatives. 

S.B. 679, a bill to change the timing provision for entry of appeal when a motion 
for appropriate relief has been filed, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Speed for the Agriculture Committee. 

S.B. 283, a bill to appropriate funds for completion of the Raleigh Farmers Market. 
On motion of Senator Speed, the bill is re-referred to the Appropriations Com- 
mittee. 



May 1, 1987 



336 . SENATE JOURNAL [Session 

S.B. 363, a bill to appropriate funds for improving the public information and agri- 
cultural awards programs of the Department of Agriculture. 

On motion of Senator Speed, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 364, a bill to appropriate funds for domestic marketing of agricultural prod- 
ucts. 

On motion of Senator Speed, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 559, a bill to amend the fertilizer law. 

On motion of Senator speed, the bill is placed on the Calendar for Monday, May 4. 

S.B. 570, a bill to increase the membership of the North Carolina Farmworker 
Council. 

On motion of Senator Speed, the bill is re-referred to the Appropriations Com- 
mittee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 687, an act to amend the North Carolina Shareholder Protection Act. (Ch. 
124) 

On motion of Senator Royall, seconded by Senator Staton, the Senate adjourns to 
meet Monday at 7:30 P.M. 



SIXTIETH DAY 

-' Senate Chamber, 

Monday, May 4, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Robert Collins, Kings Mountain Baptist Church, 
Kings Mountain, as follows: 

"Our Eternal God and Heavenly Father, we want to thank You for all the blessings 
of life, and praise You for those blessings. We are thankful for life, and we are 
thankful for health. Father, we are thankful for the families that we have and the 
friends that we know and associate with. Father, we are thankful for the opportunity 
that we have to serve, both mankind and also the opportunity to serve You and for the 
purpose that brings to our life. 

"Father, we are reminded in Scripture that all authority begins and ends at Your 
feet, and though each one of these has been elected by a constituency of their friends 
and neighbors, we realize that we have a higher calling and a higher authority in You. 
Father, You have placed in their hand that authority to make the decisions that need 
to be made for this State. Father, what a privilege that is. What an awesome respon- 
sibility that is. 

"Father, I want to pray for this meeting tonight and the meetings in the days ahead, 
that You will give and empower each one of these to catch a glimpse of Your will for 
this State, and then Father, give them the wisdom to know and the courage to act. 

"Thank You, Father, for Your love and Your presence always in our lives, and we 
just pray that You would bless this meeting and bless these men who are Your ser- 
vants, and we pray this in Your Name. Amen." 



May 4, 1987 



1987] SENATE JOURNAL 337 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence for tonight to Senators Bryan, who is chair- 
ing a church building committee meeting, Cobb, Seymour, who is attending a meeting 
of the North Carolina Federation of Women's Clubs in Greensboro, Shaw, and Soles. 

The President grants courtesies of the gallery to Margaret Tennille, and to Ned 
Raeford Smith, former Representatives from Forsyth County. 

r . ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 300, an act to allow both word messages and symbols to be used for pedes- 
trian traffic control signals. (Ch. 125) 

S.B. 302, an act to change the sign message for exempt crossings. (Ch. 126) 

H.B. 108, an act to extend from three to five years the time for demanding property 
tax refunds. (Ch. 127) 

H.B. 296, an act to change the distribution of the net profits from the Madison and 
the Reidsville ABC Stores. (Ch. 128) 

H.B. 394, an act to change the distribution of profits from the ABC stores in Sun- 
set Beach. (Ch. 129) 

H.B. 403, an act to change the method by which property owned by a nonprofit 
homeowners' association is taxed. (Ch. 130) 

H.B. 404, an act to authorize the taking of black bears in certain counties. (Ch. 
131) 

H.B. 536, an act regulating hunting in Greene County. (Ch. 132) 

H.B. 599, an act to amend G.S. 113-273 with respect to wild turkeys held under a 
game bird propagation license. (Ch. 133) 

H.B. 602, an act to amend G.S. 113-291.1 relating to the manner of taking migra- 
tory game birds. (Ch. 134) 

H.B. 660, an act to authorize the ABC Commission to close an insolvent ABC 
System. (Ch. 135) 

H.B. 717, an act to make technical changes in the ABC Statutes. (Ch. 136) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Staton: 

S.B. 790, a bill to clarify that the intangible tax shall not apply to funds composed 
entirely of obligations of the United States. 
Referred to Finance Committee. 



May 4, 1987 



338 . SENATE JOURNAL [Session 

By Senator Seymour: 

S.B. 791, a bill to permit certain small cities to hold alcoholic beverage elections. 
Referred to Alcoholic Beverage Control Committee. 

By Senator Seymour: 

S.B. 792, a bill to authorize all counties, and certain cities to convey property in 
lieu of appropriating funds. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Martin of Pitt: 

S.B. 793, a bill to provide that the sale of drugs by a person age twenty-one or 
older to a person under age twenty-one is a felony. 
Referred to Judiciary III Committee. 

By Senators Hunt of Moore and Rauch: 

.< /."'.■-"-' ■-::•■- :iv. fi'^"- ':• 

S.B. 794, a bill to establish a program to help mature women train for jobs and 
personal development and to plan for financial self-sufficiency. 
Referred to Higher Education Committee. 

By Senator Swain: 

S.B. 795, a bill to permit the court discretion, in appropriate cases, to provide 
alternative punishment for shoplifting offenders. 
Referred to Judiciary III Committee. 

By Senators Swain, Harris, Royall, Speed, Thomas, and Warren: w 

S.B. 796, a bill to amend the clean detergent act to provide an exemption for the 
laundering of uniforms. 

Referred to Environment Committee. 



By Senator Swain: 



■'df- 



S.B. 797, a bill to require the release of x-ray films upon proper patient request and 
to require urinalysis and serologic test results be made available to licensed health care 
providers by local, district and state health agencies. 

Referred to Human Resources Committee. « . j-. ^ ^c 

By Senator Hunt of Durham: ' *"• 

S.B. 798, a bill to redefine average final compensation and compensation in the 
local governmental employees' retirement system and the teachers' and state employ- 
ees' retirement system. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 799, a bill to provide vesting and disability option technical amendments in 
the local governmental employees' retirement system and the teachers' and state em- 
ployees' retirement system. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 800, a bill to increase the retirement formula for members and beneficiaries, 
and permit an unreduced retirement allowance for a member after age 60 with 25 years 
of creditable service in the Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 



May 4, 1987 



1987] SENATE JOURNAL 339 

By Senator Hunt of Durham: 

S.B. 801, a bill to increase the death benefit to a maximum of thirty thousand 
dollars and to provide a survivor's alternate benefit after twenty years of creditable 
service regardless of age for members of the Teachers' and State Employees' Retire- 
ment System. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 802, a bill to amend and clarify certain requirements for the retirement on a 
disability allowance by members of the Teachers' and State Employees' Retirement 
System and the Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 803, a bill to make conforming changes in the Local Governmental Employ- 
ees' Retirement System to: permit creditable service for unused sick leave to count 
toward eligibility for service retirement regardless of age; permit the purchase for cred- 
itable service for federal employment at full cost; permit the purchase of creditable 
service for probationary employment at full cost; permit the purchase of creditable 
service for previous permanent local government employment at full cost; permit the 
purchase of creditable service for temporary local government employment at full cost; 
permit an unreduced retirement allowance for a member after age 60 with 25 years of 
creditable service; and make a correction in the transfer of death benefit reserves. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 804, a bill to provide prorated cost of living adjustments to beneficiaries retired 
for less than one year in the Teachers' and State Employees' Retirement System, the 
Consolidated Judicial Retirement System, and the Local Governmental Employees' 
Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senators Barker and Smith: 

S.B. 805, a bill to provide that a senior citizen may purchase at half price some 
commercial fishing licenses. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Barker: 

S.B. 806, a bill to regulate the discharge of phosphate into the Neuse River Basin. 
Referred to Environment Committee. 

By Senator Swain: 

S.B. 807, a bill to revise the outlawry statute to provide procedures that are consti- 
tutionally sufficient, to provide equal protection under the law, and to authorize citi- 
zens to arrest felons who are fugitives from justice. 

Referred to Judiciary III Committee. 

By Senators Thomas and Rauch: 

S.B. 808, a bill to provide that tobacco products may not be sold to minors that 
minors may not use tobacco products on school premises. 
Referred to Children and Youth Committee. 



May 4, 1987 



340 . SENATE JOURNAL [Session 

By Senator Hunt of Durham: 

S.B. 809, a bill to permit members of the Legislative Retirement System, Local 
Governmental Employees' Retirement System, Teachers' and State Employees' Re- 
tirement System and Consolidated Judicial Retirement System the right to roll over 
accumulated contributions to the Supplemental Retirement Income Plan in lieu of re- 
ceiving a return of accumulated contributions, and to correct the contribution limita- 
tion to the Supplemental Retirement Income Plan. 

Referred to Pensions and Retirement Committee. 

By Senator Walker: 

S.B. 811, a bill to provide that part of the commission allowed a personal represen- 
tative shall be paid to a person who handles the disposition of the decedent's personal 
property. 

Referred to Judiciary III Committee. 

By Senator Rand: -^-m^^..-'-, :;.;:;,.■; -.-.^iM :;< ^.m .h.:^:- 

S.B. 812, a bill to amend the Workers' Compensation Act by changing the defini- 
tions of "injury" and "hernia". 

Referred to Manufacturing and Labor Committee. 

By Senator Rand: 

S.B. 813, a bill to require implementation of least cost planning initiatives by utili- 
ties. 

Referred to Commerce Committee. / 

By Senator Rand: 

S.B. 814, a bill regarding the use of funds appropriated for vocational education. 
Referred to Education Committee. 

By Senator Rand: 

S.B. 815, a bill to permit the receipt and expenditure of certain federal funds for 
law enforcement activities. 

Referred to Judiciary IV Committee. ,; , ^ > rfL - j fi * 

By Senator Rand: .. « 

S.B. 816, a bill to enhance the investigative capabilities of law enforcement in 
cases of drug trafficking by permitting the use of electronic surveillance in limited cir- 
cumstances. 

Referred to Judiciary IV Committee. 

By Senator Hardison: 

S.B. 817, a bill to allow the Secretary of Correction to adopt rules on damage or 
theft of personal property belonging to employees in institutions of the Department of 
Correction. 

Referred to State Government Committee. 

By Senators Hardison and Smith: 

S.B. 818, a bill to provide for the civil liability of a defendant convicted of an of- 
fense of shoplifting or theft by employee. 
Referred to Judiciary II Committee. 



May 4, 1987 



1987] SENATE JOURNAL 341 

By Senators Rauch, Harris, Martin of Guilford, Shaw, and Seymour: > 

S.J.R. 819, a joint resolution honoring the life and memory of Hargrove "Skipper" 
Bowles. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rauch: 

S.B. 820, a bill to make fee adjustments. 
Referred to Finance Committee. 

By Senator Rauch: 

S.B. 821, a bill to make various fee adjustments. 
Referred to Finance Committee. 

By Senator Rauch: 

S.B. 822, a bill to permit the provision of shared use and resale of telephone serv- 
ices. 

Referred to Commerce Committee. 

By Senator McDuffie: 

S.B. 823, a bill to require applicants for drivers license to show proof of financial 
responsibility before a drivers license is issued. 
Referred to Transportation Committee. 

By Senator Tally: 

S.B. 824, a bill directing a study of the Water Quality Act of 1987 to determine 
state compatibility. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Rand: 

S.B. 825, a bill to provide relief from the weight limitations for refuse haulers. 
Referred to Transportation Committee. 

By Senators Hardison and Smith: 

S.B. 826, a bill to create a Political Subdivision Tort Claims Act. 
Referred to Judiciary II Committee. 

By Senator Hardison: 

S.B. 827, a bill to change the standard of proof for the award of punitive damages 
and to eliminate punitive damages based on vicarious liability. 
Referred to Judiciary II Committee. 

By Senator Hardison: 

S.B. 828, a bill to modify the collateral source rule. 
Referred to Judiciary II Committee. 

By Senator Rand: 

S.B. 829, a bill to create the offense of "trafficking by lysergic acid diethylamide". 
Referred to Judiciary IV Committee. 

By Senator Hunt of Durham: 

S.B. 830, a bill to conform the computation of retirement benefits upon subsequent 
retirement in the consolidated Judicial Retirement System to that found in the other 
state-administered retirement systems. 

Referred to Pensions and Retirement Committee. 



May 4, 1987 



342 . SENATE JOURNAL [Session 

By Senators Basnight and Barker: 

S.B. 831, a bill to promote aquaculture by the creation of a board to guide future 
development and to fund demonstration and experimental projects. 
Referred to Agriculture Committee. 

By Senator Basnight: 

S.B. 832, a bill to amend the qualifications and consideration of relevant experi- 
ence for sanitarians. 
Referred to Human Resources Committee. 

By Senator Barnes: 

S.B. 833, a bill to change the standard fire insurance policy to provide for the pro- 
duction of only those business records related to the insured property. 
Referred to Insurance Committee. 

By Senator Staton: 

S.B. 834, a bill to promote the safe placement of subsurface installations in North 
Carolina. 
Referred to Commerce Committee. 

By Senators Staton, Barnes, and Johnson of Wake: 

S.B. 835, a bill to amend Chapter 97 "Workers' Compensation Act". 
Referred to Manufacturing and Labor Committee. 

By Senator Johnson of Wake: ' "' " 

S.B. 836, a bill to amend Chapter 93 relating to the practice as a certified public 
accountant or accountant. 

Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 837, a bill affecting the discipline of funeral services providers. 
Referred to Judiciary II Committee. 

By Senators Seymour, Barker, Bryan, Conder, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, Rand, Shaw, 
Speed, Staton, Swain, Tally, and Ward: 

S.B. 838, a bill to permit disclosure of information concerning adoptees and their 
biological relatives. 

Referred to Children and Youth Committee. 

By Senators Warren, Barnes, Plyler, Rand, Rauch, Royall, and Smith: 

S.B. 839, a bill to allow local boards of education to obtain refunds of sales and use 
tax. 

Referred to Finance Committee. 

By Senator Taft: 

S.B. 840, a bill to provide for increased involvement in water testing and analysis 
by private commercial laboratories. 

Referred to Environment Committee. 



May 4, 1987 



1987] SENATE JOURNAL 343 

By Senator Harris: 

S.B. 841, a bill to adapt the mental health admissions law to permit emergency 
admissions for persons needing immediate hospitalization. 
Referred to Human Resources Committee. 

By Senators Hardison and Rauch: 

S.B. 842, a bill to regulate the award of punitive damages in civil cases and to 
provide for itemized verdicts. 

Referred to Judiciary II Committee. 

By Senators Hardison and Rauch: 

S.B. 843, a bill to modify joint and several liability so that a defendant is liable to a 
plaintiff only to the degree he was responsible for the damages suffered by the plain- 
tiff. 

Referred to Judiciary II Committee. 

By Senators Hardison, Rauch, and Smith: 

S.B. 844, a bill to limit the amount of damages for noneconomic losses in civil 
cases to $250,000 and to provide for itemized verdicts. 
Referred to Judiciary II Committee. 

By Senator Barker: 

S.B. 845, a bill to encourage waterfowl habitat conservation on private lands by 
authorizing the Wildlife Resources Commission to license approved habitat projects 
and by granting a tax deduction for the landowner's expenses. 

On motion of Senator Barker, the bill is ordered held as filed. 

By Senators Speed, Basnight, Conder, Hunt of Moore, Martin of Guilford, 
Richardson, and Seymour: 

S.B. 846, a bill to provide for the disclousre of adoption records upon the request of 
an adopted person who is twenty-one years of age or older. 
Referred to Children and Youth Committee. 

By Senators Speed, Basnight, Bryan, Hardison, Hunt of Durham, Johnson of 
Wake, Martin of Guilford, Marvin, Parnell, Rauch, Shaw, Staton, and Swain: 

S.B. 847, a bill to permit a member of the Teachers' and State Employees' Retire- 
ment System to purchase time lost due to an extended illness, by paying the full actu- 
arial cost. 

Referred to Pensions and Retirement Committee. 

By Senator Tally: i^ 

S.B. 848, a bill to add a new Chapter to the General Statutes to create the North 
Carolina Low-Level Radioactive Waste Management Authority. 
Referred to Environment Committee. 

By Senator Daniel (By Request) : 

S.B. 849, a bill to allow disbursement of Social Services' compensation for injured 
parties and for attorney's fees from collected insurance proceeds. 
Referred to Human Resources Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



May 4, 1987 



344 SENATE JOURNAL [Session 

H.B. 127 (Committee Substitute), a bill to require declarations of intent and peti- 
tions for write-in candidates, but exempting municipal and nonpartisan elections. 
Referred to Election Laws Committee. 

H.B. 193 (Committee Substitute No. 2), a bill to define resumption of marital 
relations by separated spouses. 

Referred to Judiciary I Committee. 

H.B. 416, a bill to amend G.S. 130A-80 and 130A-83 and validating certain ac- 
tions relating to sanitary districts. 

Referred to Human Resources Committee. 

H.B. 558 (Committee Substitute), a bill to provide for transportation of certain 
persons in admission and commitment proceedings under Chapter 122C of the General 
Statutes. 

Referred to Human Resources Committee. 

H.B. 608 (Committee Substitute), a bill to amend the organization of the State Bar 
and to eliminate the sunset provision relating to attorney discipline. 

Referred to Judiciary I Committee. >, 

H.B. 643 (Committee Substitute), a bill to provide for the filing of housing code 
notices or orders in the notice of lis pendens by certain local governments. 
Referred to Local Government and Regional Affairs H Committee. 

H.B. 686, a bill authorizing the City of Durham to establish requirements concern- 
ing apartheid in projects financed with public funds. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 690, a bill authorizing the City of Durham to enforce building and housing 
ordinances in any manner prescribed for the enforcement of general ordinances of the 
City. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 708, a bill to change the name of the "Industrial Development Commission" 
for Stanly County to the "Economic Development Commission" for Stanly County. 
Referred to Local Government and Regional Affairs H Committee. 

H.B. 710, a bill to amend G.S. 58-124.23 to provide for automobile insurance rate 
discounts for senior citizens. 

Referred to Insurance Committee. r. ro i i?> :^ 

H.B. 722, a bill to exempt the Town of Grifton from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 741, a bill to require the County Commissioners of Clay County to provide 
adequate funds, personnel and equipment to the Sheriff of Clay County for law en- 
forcement in the County. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 765, a bill to permit regulation of maritime forests by Kitty Hawk, Kill Devil 
Hills, Nags Head and Southern Shores. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 807, a bill to authorize the Environmental Management Commission to con- 
sider the financial capability and performance history of applicants for air and water 
discharge permits prior to granting such permits. 

Referred to Environment Committee. 



May 4, 1987 



1987] SENATE JOURNAL 345 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
SPECIAL ORDER NO. 1 
S.J.R. 474 

The hour having arrived for the consideration of Special Order of Business No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it being 
S.J.R. 474, a joint resolution honoring the life and memory of Carl Daniel Totherow, 
a former member of the General Assembly. 

The joint resolution passes its second reading (electronically recorded) and third 
reading, with members standing, and is ordered, without objection, sent to the House 
of Representatives by special messenger. 

S.B. 138, a bill to authorize Moore County to levy a room occupancy tax, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Daniel, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Roy all. Sands, Sherron, Smith, Speed, 
Staton, Swain, Taft, Thomas, Walker, Warren, and Winner — 36. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 305, a bill to authorize Yancey County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Daniel, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Roy all, Sands, Sherron, Smith, Speed, 
Staton, Swain, Taft, Thomas, Walker, Warren, and Winner — 36. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 420, a bill to authorize Mitchell County to levy a room occupancy and tour- 
ism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Daniel, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Roy all. Sands, Sherron, Smith, Speed, 
Staton, Swain, Taft, Thomas, Walker, Warren, and Winner~36. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 429, a bill to authorize the levy of a room occupancy and tourism develop- 
ment tax in Averasboro Township in Harnett County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Daniel, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Roy all. Sands, Sherron, Smith, Speed, 
Staton, Swain, Taft, Thomas, Walker, Warren, and Winner~36. 

Voting in the negative: None. 



May 4, 1987 



346 SENATE JOURNAL [Session 

The bill is ordered enrolled. 

H.B. 540, a bill to authorize Pitt County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Daniel, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Sherron, Smith, Speed, 
Staton, Swain, Taft, Thomas, Walker, Warren, and Winner — 36. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 505, a bill to exempt the County of Stokes from certain zoning notice require- 
ments. 

On motion of Senator Barnes, consideration of the bill is postponed until Friday, 
May 15. 

S.B. 246 (Committee Substitute), a bill to reinstate the 1976 Professional Liability 
Reporting Act and to authorize the Commissioner of Insurance to conduct studies of 
medical malpractice claims. 

Senator Taft offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 559, a bill to amend the fertilizer law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 576, a bill to amend the North Carolina Geologists Licensing Act. 
On motion of Senator Tally, Committee Amendment No. 1 is adopted. 
Senator Rauch offers a motion that further consideration of the bill, as amended, be 
postponed until, Wednesday, May 6, which motion prevails (electronically recorded). 

S.B. 358 (Committee Substitute), a bill clarifying that unemployment compensa- 
tion benefits may be administratively withheld in IV-D child support cases, upon third 
reading. 

The Committee Substitute bill passes its third reading (electronically recorded) and 
is ordered sent to the House of Representatives. 

S.B. 37 (Committee Substitute), a bill to expedite proceedings involving child vic- 
tims and witnesses, for concurrence in House Amendment No. 1. 

On motion of Senator Harris, the Senate concurs in House Amendment No. 1 
(electronically recorded), and the Committee Substitute bill is ordered enrolled. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the 1985 Session of the 
General Assembly are referred to committee, as follows: 

Executive Order Number 44 

Amendment to Executive Order 29 Governor's Task force on Racial, Religious and 
Ethnic Violence and Intimidation. 

Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 45 

The Governor's Language Institutes Advisory Board. 

Referred to Rules and Operation of the Senate Committee. 



May 4, 1987 



1987] SENATE JOURNAL 347 

Executive Order Number 46 

Amendment to Executive Order Number 40 Governor's Commission for the Fam- 
ily. 

Referred to Rules and Operation of the Senate Committee. 

The President recognizes the following pages serving in the Senate this week: Bobby 
Alley, Gibson; Gerry Alley, Gibson; Beth Andrews, Wake Forest; Katheryn Jo Ann 
Bedsole, Fayetteville ; Mark Lenzie Bibbs, Kings Mountain; Paula Bowman, Rox- 
boro; Meredith Butler, Durham; David Charles Creech, Gary; Tammy Sue Dutton, 
Wendell; Sue Ann Everett, Palmyra; Al Jones, Wake Forest; Channing Reid Sinclair 
King, Durham; Christine Louise Nashick, New Bern; Joan Pace, Clayton; Wendy 
Rewa Rowe, Princeton; Bryan Prentice Williams, Chapel Hill; Robert "Todd" 
Womble, Greensboro. ; 

On motion of Senator Harrington, seconded by Senator Sands, the Senate adjourns 
to meet tomorrow at 1:30 P.M. 



SIXTY-FIRST DAY 

Senate Chamber, 
'V -^ Tuesday, May 5, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Rabbi Yoseph Groner, Director of Lubavitch of North Carolina, 
Inc., Charlotte, as follows: 

"Master of masters. King of the universe. Creator of heaven and earth who guides 
us with divine providence and sustains us with infinite mercy. Bestow from your sa- 
cred wisdom and impart from your divine knowledge upon the distinguished people of 
this great assemblage, to lead and inspire our citizens of this greatest State with moral 
justice and pride in the path that You outlined as the Seven Noahdite laws which will 
preserve and make us recognize our sacred trust to the world, through wisdom, love, 
decency, moral courage, and compassion. 

"Let this prestigious Body serve as an example to the entire country as one that will 
bring, 'All nations that You have made to come and bow down before You, and give 
honor to Your Name. ' For You are great and perform wonders: You, alone, O God. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Shaw, due to illness, for today. 

The President grants courtesies of the floor to Melvin L. Watt, former Senator from 
Mecklenburg County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



May 5, 1987 



348 SENATE JOURNAL [Session 

By Senator Staton for the Economic Growth Committee. 

S.B. 554, a bill to assist small business development, with a favorable report. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee. 

S.B. 622, a bill pertaining to the manner of qualifying areas for annexation by the 
City of Durham, with a favorable report. 

S.B. 623, a bill to amend the Charter of the City of Durham to permit the establish- 
ment of one or more incubator facilities, with a favorable report. 

S.B. 647, a bill authorizing counties to establish requirements concerning apartheid 
in projects financed with public funds, with a favorable report. 

H.B. 441 (Committee Substitute), a bill to allow certain named municipalities to 
dispose of agricultural commodities in any manner regardless of its value, with a fa- 
vorable report. 

H.B. 480, a bill to prohibit the erection of outdoor advertising on a portion of U.S. 
Highway 74 and U.S. Highway 76 in Columbus County, with a favorable report. 

H.B. 487, a bill to authorize the City Manager of Charlotte to reject bids when 
appropriate without action by the Charlotte City Council, with a favorable report. 

H.B. 523, a bill to provide staggered terms for the Board of Commissioners of 
Lincoln County, with a favorable report. 

H.B. 524, a bill to repeal the High Point Career Service Law, with a favorable 
report. 

H.B. 533, a bill to amend the Erwin Town Charter to permit annexation of areas 
lying within the corporate boundaries, with a favorable report. 

H.B. 552, a bill to extend the corporate limits of the Town of Rutherfordton, with a 
favorable report. 

H.B. 554, a bill to revise and consolidate the Charter of the City of Kinston, with a 
favorable report. 

By Senator Swain for the Judiciary III Committee. 

S.B. 612, a bill to repeal the laws relating to trademarks of mineral waters and 
beverages, with a favorable report. 

S.B. 700, a bill to permit the Department of Human Resources to enter into inter- 
state reciprocal agreements for the transfer of driving under the influence offenders, 
with a favorable report. 

H.B. 137 (Committee Substitute), a bill to amend the Statutes relating to profes- 
sional bail bondsmen and runners, with a favorable report, as amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee. 

S.B. 415, a bill relating to leasing and renting of the Charlotte Auditorium-Coli- 
seum-Convention Center-Baseball Stadium Authority properties and facilities, with a 
favorable report. 



May 5, 1987 



1987] SENATE JOURNAL 349 

S.B. 500, a bill to remove territory from the Town of Hudson and add it to the City 
of Lenoir, with a favorable report. 

S.B. 613, a bill to exempt Buncombe County from certain procedural requirements 
on disposal of land as an industrial park, with a favorable report. 

S.B. 638, a bill to exempt Iredell County and other counties and incorporated mu- 
nicipalities located therein from certain zoning notice requirements, with a favorable 
report. 

S.B. 518, a bill to revise and consolidate the Charter of the City of Salisbury and to 
repeal prior Charter acts, with a favorable report, as amended. 

S.B. 634, a bill to exempt the Town of Southern Pines from certain zoning notice 
requirements, with a favorable report, as amended. 

By Senator Richardson for the Veterans Affairs and Senior Citizens Com- 
mittee. 

H.B. 283, a bill authorizing the establishment of veterans cemeteries, with a favor- 
able report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Martin of Guilford and Speed: 

S.B. 850, a bill to expand the criminal law prohibiting animal fighting and to raise 
the penalty for violations. 

Referred to Judiciary I Committee. 

By Senator Speed: 

S.B. 851, a bill to create categories of day care facilities. 
Referred to Children and Youth Committee. 

By Senator Hardison: 

S.B. 852, a bill making technical corrections to the property tax statutes concerning 
the listing and appraisal of property. 
Referred to Finance Committee. 

By Senator Hardison: 

S.B. 853, a bill to clarify the sales tax exemption of certain agricultural equipment 
and to exempt other agricultural equipment from sales tax. 
Referred to Finance Committee. 

By Senator Daniel (By Request) : 

S.B. 854, a bill to adjust the threshold under the conflict of interest statute. 
Referred to Judiciary III Committee. 

By Senator Hardison: 

S.J.R. 855, a joint resolution authorizing the Legislative Research Commission to 
study the interbasin transfer of water and instream flows. 

Referred to Rules and Operation of the Senate Committee. 



May 5, 1987 



350 SENATE JOURNAL [Session 

By Senator Harris: 

S.J.R. 856, a joint resolution authorizing the Legislative Research Commission to 
study the issue of the care provided by rest homes, intermediate care facilities, and 
skilled nursing homes. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Harris: 

S.B. 857, a bill to establish eighteen full-time equivalent long-term care ombuds- 
men positions. 

Referred to Human Resources Committee. 

By Senator Hunt of Durham: 

S.B. 858, a bill to establish a Uniform Disability Income Plan for Teachers and 
State Employees in lieu of Disability Retirement Benefits and the Disability Salary 
Continuation Plan. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 859, a bill to conform the computation of retirement benefits upon subsequent 
retirement in the Legislative Retirement System and the Consolidated Judicial Retire- 
ment System to that found in the other State-administered retirement systems. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 860, a bill to provide for payment of retirement benefits for members in the 
Legislative Retirement System, Local Governmental Employees' Retirement System, 
Teachers* and State Employees' Retirement System and Consolidated Judicial Retire- 
ment System who have attained age 70 1/2. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt of Durham: 

S.B. 861, a bill to permit a taxpayer to file a late application for property tax ex- 
emption or exclusion for listed property, and to require a taxpayer whose property is 
appraised by the Department of Revenue to apply to the Department instead of the 
county assessor for exemption or exclusion of the property from taxation. 

Referred to Finance Committee. 

By Senator Johnson of Wake: 

S.B. 862, a bill to require Preferred Provider Organizations to consider participation 
or enrollment of new providers on at least an annual basis. 
Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 863, a bill to make certain changes in the law regarding fraudulent disposal of 
property. 

Referred to Judiciary II Committee. 

By Senator Goldston: 

S.B. 864, a bill to exempt businesses with a net worth of more than five million 
dollars from the requirements of the business opportunity sales requirements of Chap- 
ter 66 of the General Statutes. 

Referred to Transportation Committee. 



May 5, 1987 



1987] SENATE JOURNAL 351 

By Senator Plyler: 

S.B. 865, a bill regarding eligibility for transporter plates. 
Referred to Transportation Committee. 

By Senator Thomas: 

S.B. 866, a bill to extend the allowable discount period for payment of property 
taxes and to transfer the responsibility for approving discount schedules from the De- 
partment of Revenue to the Local Government Commission. 

Referred to Finance Committee. 

By Senators Sherron, Basnight, Tally, and Ward: 

S.B. 867, a bill to amend G.S. 113-291 with respect to the regulation of fox hunt- 
ing and fox trapping, and to repeal local laws concerning the taking of foxes. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Martin of Pitt and Smith: 

S.B. 868, a bill to allow counties to develop a single portal of entry, a consolidated 
case management system, and a common data base for human services. 
Referred to Human Resources Committee. 

By Senators Staton and Guy: 

S.B. 869, a bill to recognize the difficulty in exactly locating nonmagnetic under- 
ground utility lines by providing protection for such nonmagnetic lines installed within 
a year of the effective date of the 1985 Underground Damage Protection Act. 

Referred to Commerce Committee. 

By Senators Basnight and Barker: 

S.B. 870, a bill to reorganize the Marine Fisheries Commission. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Rand: 

S.B. 871, a bill to create an Adoptions and Surrogate Parenthood Study Commis- 
sion. 

Referred to Children and Youth Committee. 

By Senator Rand: 

S.B. 872, a bill to amend the statute making attempting to elude a law enforcement 
officer in a motor vehicle a misdemeanor. 
Referred to Judiciary IV Committee. 

By Senator Rand: 

S.B. 873, a bill to make a technical and clarifying change to the Bank Holding 
Company Act of 1984. 

Referred to Commerce Committee. 

By Senators Walker, Basnight, Harrington, Hunt of Moore, Kaplan, Martin of Pitt, 
Marvin, Plyler, Rand, Sherron, Taft, Tally, and Ward: 

S.J.R. 874, a joint resolution to authorize the Legislative Research Commission to 
study historic preservation. 

Referred to Rules and Operation of the Senate Committee. 



May 5, 1987 



352 . SENATE JOURNAL [Session 

By Senator Barker: 

S.B. 875, a bill to encourage waterfowl habitat conservation on private lands by 
authorizing the Wildlife Resources Commission to license approved habitat projects 
and by granting a tax deduction for the landowner's expenses. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Barker: 

S.B. 876, a bill to direct the Administrative Office of the Courts to design a form 
that allows the defendant to waive trial of a traffic offense and accept a plea bargain 
agreed to by his attorney and the district attorney. 

Referred to Judiciary II Committee. 

By Senator Swain: 

S.B. 877, a bill to provide that the Commissioner of Motor Vehicles shall appoint 
the County Tax Collector as the authorized tag agent in each county. 
Referred to Transportation Committee. 

By Senator Martin of Guilford: 

S.B. 878, a bill to require insurance companies to offer uninsured and underinsured 
motorists coverage whenever automobile liability insurance policies are renewed, and 
permit joint and several liability in cases of motor vehicle collisions or accidents. 

Referred to Insurance Committee. 

By Senator Martin of Guilford: 

S.B. 879, a bill to protect the rights of sales representatives to post-terminations 
sales commissions. 

Referred to Judiciary I Committee. 

By Senator Sherron: 

S.B. 880, a joint resolution authorizing the Legislative Research Commission to 
study the issue of providing a statewide network of volunteers to serve people in need of 
emergency care. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Barnes, Basnight, Barker, Block, and Guy: 

S.B. 881, a bill to create the Marine Fisheries Seafood Production Study Commis- 
sion. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 528, a bill to repeal the Charter of the inactive Town of Lawrence. 
Referred to Local Government and Regional Affairs II Committee. 

H. J.R. 590, a joint resolution expressing the continued support by the North Caro- 
lina General Assembly of the ratification by the States of the original second amend- 
ment of the Bill of Rights, concerning pay of members of Congress, and urging its 
ratification by the 32 States which have not yet ratified it. 

Referred to Rules and Operation of the Senate Committee. 



May 5, 1987 



1987] SENATE JOURNAL 353 

H.B. 665, a bill to amend the Charter of the City of High Point relating to the 
Mayor Pro Tempore. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 668, a bill to rewrite the Charter of the Town of Carrboro. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 694, a bill amending the Charter of the City of Durham to permit the sale or 
other transfer of property subject to certain conditions and restrictions. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 769, a bill enabling the City of Elizabeth City and the County of Pasquotank 
to establish an Airport Authority for the construction, operation, use and maintenance 
of airport facilities in the County of Pasquotank. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 797, a bill authorizing the combined municipalities of Apex, Holly Springs 
and Fuquay-Varina to establish an Airport Authority for the purpose of acquiring 
lands, constructing and operating an airport and vesting in said Airport Authority all 
powers set out in Chapter 63 of the General Statutes of North Carolina. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 629, a bill to provide that the Counties of Alexander, Catawba, Iredell, and 
Yadkin and the municipalities therein need not mail zoning notices for a revision of the 
complete zoning ordinance or map, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Moore, Johnson of Cabarrus, Kaplan, Kincaid, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Roy all. Sands, Seymour, Sher- 
ron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow for further considera- 
tion upon third reading. 

S.B. 245, a bill to promote peer review activities of health care providers and to 
require risk management programs and hospital privilege procedures in hospitals. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Taft to its third reading, the bill, as amended, remains on 
the Calendar for tomorrow for further consideration. 

S.B. 263, a bill to provide authority to establish laboratory certification fees, as 
amended. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 551, a bill to provide for the apprehension and discipline of National Guard 
Personnel for failure to attend annual active duty training and schedule inactive duty 
training. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

On motion of Senator Staton, the bill, as amended, is re-referred to the Judiciary 
I Committee. 



May 5, 1987 



354 ^ SENATE JOURNAL [Session 

S.B. 552, a bill authorizing the Governor or his designated representative to estab- 
lish the qualifications for promotion and retention of members of the National Guard. 

On motion of Senator Staton, the bill is re-referred to the Judiciary I Commit- 
tee. 

S.B. 553, a bill authorizing the Adjutant General to designate military judges to 
preside over courts-martial of the National Guard not in federal service. 

On motion of Senator Staton, the bill is re-referred to the Judiciary I Commit- 
tee. 

S.B. 113 (Committee Substitute), a bill to provide a State income tax credit to 
employers who create jobs in severely distressed counties of the State, upon third read- 
ing. .,-<, y 

Senator Rauch offers Amendment No. 1. 

On motion of Senator Rauch, further consideration of the Committee Substitute bill, 
with Amendment No. 1 pending, is postponed until Wednesday, May 6. 

S.B. 372 (Committee Substitute), a bill to limit the liability of a trustee, officer, or 
director of a nonprofit corporation, as amended, upon third reading. 

On motion of Senator Ezzell, consideration of the Committee Substitute bill, as 
amended, is postponed until Thursday, May 7. 

H.B. 188 (Committee Substitute), a bill to clarify the law regarding detention of a 
juvenile bound over to Superior Court, upon third reading. 

The Committee Substitute bill passes its third reading (electronically recorded) and 
is ordered enrolled. 

H.B. 241 (Committee Substitute), a bill to amend Chapter 102 of the General Stat- 
utes by correction of the description of the official survey base for the State of North 
Carolina, upon third reading. 

On motion of Senator Warren, consideration of the Committee Substitute bill is 
postponed until Wednesday, May 6. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barnes for the Judiciary I Committee. ,,.^ ,, 

S.B. 193 (House Committee Substitute), a bill to expand the traffic control author- 
ity of firemen and rescue squad members in emergency situations, with a favorable 
report, as to concurrence. 

S.B. 265, a bill to make G.S. 130A-24(a) consistent with G.S. Chapter 150B, the 
Administrative Procedure Act, with a favorable report. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 37 (Committee Substitute), an act to expedite proceedings involving child vic- 
tims and witnesses. (Ch. 137) 

H.B. 12, an act to provide for coded bill drafts, where the law to be amended is set 
out showing the deletions and insertions proposed by the bill. (Ch. 138) 



May 5, 1987 



1987] SENATE JOURNAL 355 

H.B. 78 (Committee Substitute), an act to allow the judge in sentencing for driving 
while impaired to credit the defendant with time served as an inpatient in a treatment 
facility. (Ch. 139) 

H.B. 305, an act to authorize Yancey County to levy a room occupancy and tour- 
ism development tax. (Ch. 140) 

H.B. 420, an act to authorize Mitchell County to levy a room occupancy and tour- 
ism development tax. (Ch. 141) 

H.B. 429, an act to authorize the levy of a room occupancy and tourism develop- 
ment tax in Averasboro Township in Harnett County. (Ch. 142) 

H.B. 540, an act to authorize Pitt County to levy a room occupancy and tourism 
development tax. (Ch. 143) 

S.J.R. 474, a joint resolution honoring the life and memory of Carl Daniel 
Totherow, a former member of the General Assembly. (Res. 20) 

WITHDRAWAL FROM COMMITTEE 

S.B. 433, a bill to modify the North Carolina State Education Assistance Author- 
ity. 

On motion of Senator Martin of Guilford, without objection, the rules are sus- 
pended, and the bill is taken from the Finance Committee and is placed on the 
Calendar for Wednesday, May 6, upon second reading. 

On motion of Senator Harrington, seconded by Senator Seymour, the Senate ad- 
journs to meet tomorrow at 1:30 P.M. 



SIXTY-SECOND DAY 

Senate Chamber, 
Wednesday, May 6, 1987. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Harvey L. Dukes, Minister of First Baptist Church, Cary, 
as follows: 

"Almighty God, we pray Thy blessings upon these Thy servants, the Members of 
this Body. Grant them freedom with discipline, motivation with understanding, and 
determination with compassion as they fulfill their responsibilities. Give them the will 
for self-preservation, and the strength and power to help those who are willing to help 
themselves. Give them insight and patience, wisdom along with a sense of duty, and 
ability coupled with restraint to adjust to the changes in nature and men. Continue to 
bless them with Your heavenly and earthly bounties and never let them be in want. 
Guide them in being friendly and generous toward one another. Instill in them faith 
and knowledge, and let all of them have the ability to live at peace within themselves. 

"O Lord, show the people of our State and nation the right way to serve and guard 
the sacredness of all orderly freedoms. Let us all realize that You have given us riches 
not given to any other state or nation. We pray that we will be ever grateful and 
accept the responsibilities which they entail. You are our God, and to You we would 
ascribe glory and honor now and forever. Amen." 

On motion of Senator Daniel, the rules are suspended to the end that Donna Oliver, 
National Teacher of the Year, is allowed to approach the Well of the Senate where she 



May 6, 1987 



3i# . SENATE JOURNAL [Session 

briefly addresses the members of the Senate. Senators Daniel, Ward, Warren, and 
Rand are appointed to escort Ms. Oliver to the Well of the Senate. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 188 (Committee Substitute), an act to clarify the law regarding detention of a 
juvenile bound over to Superior Court. (Ch. 144) 

, ; ^ REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary II Committee. 

S.B. 240, a bill to require reasonable notice of a medical malpractice claim and to 
provide close court supervision over the disposition of medical malpractice actions, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his 
further motion, the Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Friday, May 8, for further consideration. 

By Senator Harris for the Human Resources Committee. 

S.B. 341, a bill to remove the sunset and permit the Division of Services for the 
Blind of the Department of Human Resources to operate vending machines on inter- 
state highways and controlled-access highways, with a favorable report. 

S.B. 393, a bill to provide for return of clients to 24-hour facilities, with a favor- 
able report. 

S.B. 475, a bill to make certain changes in the involuntary commitment of sub- 
stance abusers, with a favorable report. 

S.B. 507, a bill to repeal the statute establishing the Human Tissue Advisory Coun- 
cil, with a favorable report. 

S.B. 229, a bill to amend the North Carolina Drinking Water Act, with a favorable 
report, as amended. 

S.B. 230 (Committee Substitute No. 2), a bill to authorize the Commission for 
Health Services to adopt rules governing the sanitation of retail seafood businesses, 
and to make other conforming changes in Article 8 of G.S. Chapter 130A, with an 
unfavorable report as to Committee Substitute bill No. 1, but favorable as to Commit- 
tee Substitute bill No. 2. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill No. 2, which changes the title to read, S.B. 230 (Committee Substitute), a bill to 
make clarifying changes in the permitting requirements for meat markets and food 
and lodge facilities, is placed before the Senate for immediate consideration, and on 
his further motion, the Committee Substitute bill No. 2 is adopted. 



May 6, 1987 



1987] SENATE JOURNAL 357 

On motion of Senator Harris, the Committee Substitute bill No. 2 is placed on the 
Calendar for Friday, May 8, for further consideration. 

S.B. 344, a bill to authorize the discharge of clients who escape or breach the con- 
dition of release, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Harris, the Committee Substitute bill is placed on the Calen- 
dar for Friday, May 8, for further consideration. 

By Senator Speed for the Agriculture Committee. 

S.B. 560, a bill to improve the collection of cost sharing assessments for boll weevil 
eradication, with a favorable report, as amended. 

S.B. 558, a bill to permit L.P. gas dealer to use other means of financial responsi- 
bility besides insurance, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Speed, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Speed, the Committee Substitute bill is placed on the Calen- 
dar for Friday, May 8, for further consideration. 

By Senator Conder for the Children and Youth Committee. 

S.B. 386, a bill to establish a Commission on Child Support, with a favorable re- 
port. 

On motion of Senator Conder, the bill is re-referred to the Rules and Operation 
of the Senate Committee. 

S.B. 602, a bill to protect children placed for adoption, with a favorable report. 

H.B. 175 (Committee Substitute), a bill to amend the definition of caretaker in the 
Juvenile Code, with a favorable report. 

By Senator Guy for the State Government Committee. 

S.B. 505, a bill to provide for the use of a facsimile signature and seal by the Secre- 
tary of State, with a favorable report. 

S.B. 657, a bill to change the holiday for Easter from Easter Monday to Good 
Friday, with a favorable report. 

H.B. 356, a bill to amend the escheat and abandoned property laws of North Caro- 
lina, to ease compliance with its provisions, with a favorable report. 

S.B. 476, a bill to amend Chapter 44 A, Article 3, to require prompt payment by 
bonding companies and to extend the filing time, with a favorable report, as amended. 

S.B. 571, a bill to appropriate funds to establish a pilot program for historic proper- 
ties management, with a favorable report, as amended. 

On motion of Senator Guy, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion. Committee Amend- 
ment No.l is adopted. 

On motion of Senator Guy, the bill, as amended, is re-referred to the Appropria- 
tions Committee. 



May 6, 1987 



3^ . SENATE JOURNAL [Session 

H.B. 701, a bill to provide nonprofit organizations with the alternative of providing 
a letter of credit as security for payments to the Employment Security Fund, with a 
favorable report, as amended. 

By Senator Parnell for the Insurance Comniittee. 

S.B. 511, a bill to make technical corrections to the insurance law, with a favor- 
able report, as amended. 

S.B. 459, a bill to allow North Carolina commercial fishermen to form Hull and 
Protection and Indemnity Clubs to which the general insurance laws do not apply, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended and the Committee Substi- 
tute bill, which changes the title to read, S.B. 459 (Committee Substitute), a bill to 
allow North Carolina commercial fishermen to form Hull Insurance, and Protection 
and Indemnity Clubs, is placed before the Senate for immediate consideration, and on 
his further motion, the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is placed on the Calen- 
dar for Friday, May 8, for further consideration. 

By Senator Seymour for the Alcoholic Beverage Control Committee. 

S.B. 413, a bill to allow the issuance of beer /wine permits for certain recreation/ 
sports districts, with a favorable report. 

S.B. 565, a bill to amend the expiration time for purchase-transportation permits, 
with a favorable report. 

S.B. 582, a bill to provide a separate permit for hotels choosing to offer alcoholic 
beverage sales from locked cabinets in guest rooms, with a favorable report. 

S.B. 654, a bill to modify the miscellaneous provision for the issue of permits for 
business on school and college campuses, with a favorable report. 

H.B. 534, a bill to increase the membership of the Edgecombe County ABC Board 
and to provide for the appointment of the Chairman, with a favorable report. 

S.B. 671, a bill to regulate Sunday sales and consumption of alcoholic beverages, 
with a favorable report, as amended. 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee. 

S.B. 824, a bill directing a study of the Water Quality Act of 1987 to determine 
State compatibility, with a favorable report. 

By Senator Goldston for the Transportation Committee. 

S.B. 656, a bill to extend the expiration for the payment of just compensation by 
local authorities requiring the removal of billboards which are permitted under the pro- 
visions of Article 11 of Chapter 136 of the General Statutes, with a favorable report. 

H.B. 431, a bill to permit the Department of Transportation to set the speed limit 
on Interstate Highways at a maximum of sixty-five miles per hour, with a favorable 
report. 

S.B. 301, a bill to delete the requirement that vehicles approaching a flashing yel- 
low light should yield the right of way, with a favorable report, as amended. 

S.B. 402, a bill to authorize the Department of Transportation to negotiate con- 
tracts with utility companies, with a favorable report, as amended. 



May 6, 1987 



1987] SENATE JOURNAL 359 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 568, a bill to authorize the County Manager to reject bids when appropriate 
without action by the Mecklenburg County Board of Commissioners. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. (559, a bill to permit Cumberland County to use unmarked County vehicles for 
delivery of certain human services. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 689, a bill to provide for reciprocity licensing of nonresident barbers by ex- 
amination in certain circumstances. 

Referred to State Government Committee. 

H.B. 774, a bill to establish a "no-wake" speed zone for motorboats at Sunset 
Harbor and the Village of Bald Head Island. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 796, a bill to add two additional licensed cosmetologists to the State Board of 
Cosmetic Art Examiners to be appointed by the General Assembly. 
Referred to State Government Committee. 

H.B. 829, a bill to update the statements of the powers and duties of the Depart- 
ment of Cultural Resources, Division of State Library. 
Referred to State Government Committee. 

RE-REFERRAL 

S.B. 780, a bill to exempt businesses with a net worth of more than five million 
dollars from the requirements of the business opportunity sales requirements of Chap- 
ter 66 of the General Statutes. 

On motion of Senator Goldston, the rules are suspended and, without objection, the 
bill is taken from the Judiciary IV Committee and re-referred to the Transporta- 
tion Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 629, a bill to provide that the Counties of Alexander, Catawba, Iredell, and 
Yadkin and the municipalities therein need not mail zoning notices for a revision of the 
complete zoning ordinance or map, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner~48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 500, a bill to remove territory from the Town of Hudson and add it to the City 
of Lenoir, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, 
as follows: 



May 6, 1987 



360 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow for further considera- 
tion, upon third reading. 

S.B. 518, a bill to revise and consolidate the Charter of the City of Salisbury and to 
repeal prior Charter acts, upon second reading. 

On motion of Senator Hunt of Moore, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow for further considera- 
tion, upon third reading. 

S.B. 622, a bill pertaining to the manner of qualifying areas for annexation by the 
City of Durham, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration, upon third 
reading. 

H.B. 533, a bill to amend the Erwin Town Charter to permit annexation of areas 
lying within the corporate boundaries, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration, upon third 
reading. 

H.B. 552, a bill to extend the corporate limits of the Town of Rutherfordton, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 



May 6, 1987 



1987] SENATE JOURNAL 361 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for